Ala.Code 1975 T. 13, Refs & Annos

Code of Alabama Currentness

Title 13. Crimes and Offenses.

TABLE I. SECTIONS REPEALED.

The sections of the 1975 Code of Alabama listed below were repealed by § 9901 of Acts 1977, No. 607 (Criminal Code):

1-1-5

1-1-7

1-1-12

2-1-8

2-13-3

2-16-7

2-17-17

3-1-9

3-1-12

3-1-14

3-2-5

4-2-8

5-1-12

5-3-13

5-3-15, 5-3-16

5-6-20

5-6-25, 5-6-26

8-6-13

8-6-20

8-11-1 through 8-11-3

8-12-2

8-13-19

8-16-14

8-16-92

9-1-2

9-1-5

9-13-16 through 9-13-18

9-13-20, 9-13-21

9-13-91

9-13-89

9-17-20

11-1-4

11-4-2

11-46-66

11-46-137

12-13-45

12-13-51

12-16-84

12-17-122

12-17-187

13-1-1 through 13-1-5

13-1-7 through 13-1-9

13-1-20 through 13-1-25

13-1-40 through 13-1-51

13-1-70 through 13-1-75

13-1-90 through 13-1-93

13-1-110 through 13-1-113

13-1-130 through 13-1-136

13-2-1 through 13-2-10

13-2-20 through 13-2-29

13-2-40 through 13-2-45

13-2-60 through 13-2-63

13-2-80 through 13-2-85

13-2-87 through 13-2-89

13-2-100, 13-2-101

13-2-103 through 13-2-105

13-2-107 through 13-2-110

13-2-130 through 13-2-132

13-2-138, 13-2-139

13-3-1 through 13-3-3

13-3-20 through 13-3-39

13-3-50 through 13-3-53

13-3-55 through 13-3-73

13-3-90 through 13-3-95

13-3-110 through 13-3-113

13-4-1 through 13-4-5

13-4-8 through 13-4-12

13-4-30 through 13-4-36

13-4-38 through 13-4-41

13-4-60 through 13-4-67

13-4-69, 13-4-70

13-4-80 through 13-4-98

13-4-100

13-4-110 through 13-4-122

13-5-2 through 13-5-12

13-5-30 through 13-5-45

13-5-60 through 13-5-71

13-5-110, 13-5-111

13-5-113 through 13-5-117

13-6-6

13-6-8 through 13-6-12

13-6-14 through 13-6-19

13-6-30

13-6-40 through 13-6-45

13-6-61

13-6-63

13-6-80 through 13-6-85

13-6-100 through 13-6-104

13-6-126

13-6-129

13-6-180

13-6-220 through 13-6-227

13-7-1 through 13-7-3

13-7-20 through 13-7-28

13-7-31 through 13-7-37

13-7-50 through 13-7-53

13-7-70 through 13-7-79

13-7-90

13-7-110

13-7-150

13-7-160 through 13-7-175

13-7-190 through 13-7-198

13-8-1 through 13-8-3

13-9-1 through 13-9-4

13-9-20 through 13-9-22

13-9-24, 13-9-25

13-9-40 through 13-9-43

13-9-60 through 13-9-63

14-6-49

14-8-8

14-11-6 through 14-11-8

15-10-5

15-17-1

15-18-2, 15-18-3

15-18-20

15-18-22 through 15-18-26

15-18-40, 15-18-41

15-21-11

15-21-29

16-1-8, 16-1-9

16-1-12

16-9-34

17-4-9

17-4-16

17-4-21

17-7-1, subsection (c)

17-7-3

17-7-9

17-8-28

17-8-30

17-8-40

17-10-19

17-13-9

17-23-9

20-1-53

22-12-8

22-12-25

22-12-27, 22-12-28

22-12-30

22-21-226

23-5-1

23-5-3 through 23-5-5

23-5-10 through 23-5-12

24-1-65

25-5-220 through 25-5-225

25-5-228

25-5-230

25-7-7, 25-7-8

25-7-10

25-8-20

25-8-26

25-8-29

25-9-25

27-12-3 through 27-12-5

30-1-1, 30-1-2

30-1-15

30-4-51

31-8-10

31-8-27

33-6-2

34-15-7

34-15-18

36-4-8

36-10-1 through 36-10-10

36-10-12 through 36-10-15

36-12-42

36-19-20

36-19-28

36-22-15

36-22-20 through 36-22-23

37-2-115

37-8-5

37-8-26

37-8-29

37-8-50, 37-8-51

37-8-70, 37-8-71

37-8-90

37-8-92, 37-8-93

37-8-116

37-8-140 through 37-8-147

37-8-210, 37-8-211

37-8-214 through 37-8-216

37-8-219

37-8-240

37-8-250 through 37-8-254

38-4-7

40-20-10

41-13-2, 41-13-3

TABLE II. SECTIONS TRANSFERRED.

The sections of Title 13 of the 1975 Code of Alabama listed below were not repealed by Acts 1977, No. 607 (Criminal Code). These sections have been transferred from Title 13 to other locations in the Alabama Code, as indicated below:

1975 Code

Transferred to

13-1-6

13A-14-1

13-1-114

13A-6-69

13-2-86

37-8-6

13-2-102

13A-7-60

13-2-106

13A-7-61

13-2-133

13A-11-101

13-2-134

13A-11-102

13-2-135

13A-11-103

13-2-136

13A-11-104

13-2-137

13A-11-105

13-3-54

13A-8-20

13-3-96

13A-8-21

13-3-130

13A-8-60

13-3-131

13A-8-61

13-3-132

13A-8-62

13-3-133

13A-8-63

13-3-134

13A-8-64

13-3-150

13A-8-80

13-3-151

13A-8-81

13-3-152

13A-8-82

13-3-153

13A-8-83

13-3-154

13A-8-84

13-3-155

13A-8-85

13-3-156

13A-8-86

13-4-6

13A-9-19

13-4-7

13A-9-20

13-4-37

13A-9-15

13-4-68

15-8-35

13-4-99

13A-14-4

13-4-101

13A-9-52

13-5-1

13A-14-2

13-5-112

15-8-36

13-6-1

13A-12-1

13-6-2

13A-12-2

13-6-3

13A-14-3

13-6-4

13A-14-5

13-6-5

13A-12-3

13-6-7

13A-11-224

13-6-13

13A-12-4

13-6-60

13A-11-122

13-6-62

13A-11-123

13-6-86

22-19-3

13-6-87

22-19-4

13-6-120

13A-11-50

13-6-121

13A-11-51

13-6-122

13A-11-52

13-6-123

13A-11-53

13-6-124

13A-11-54

13-6-125

13A-11-55

13-6-127

13A-11-56

13-6-128

13A-11-57

13-6-130

13A-11-58

13-6-131

13A-11-59

13-6-150

13A-11-70

13-6-151

13A-11-71

13-6-152

13A-11-72

13-6-153

13A-11-73

13-6-154

13A-11-74

13-6-155

13A-11-75

13-6-156

13A-11-76

13-6-157

13A-11-77

13-6-158

13A-11-78

13-6-159

13A-11-79

13-6-160

13A-11-80

13-6-161

13A-11-81

13-6-162

13A-11-82

13-6-163

13A-11-83

13-6-164

13A-11-84

13-6-200

13A-11-160

13-6-201

13A-11-161

13-6-202

13A-11-162

13-6-203

13A-11-163

13-6-204

13A-11-164

13-7-29

12-16-212

13-7-30

12-16-213

13-7-91

13A-12-50

13-7-92

13A-12-51

13-7-93

13A-12-52

13-7-94

13A-12-53

13-7-95

13A-12-54

13-7-96

13A-12-55

13-7-97

13A-12-56

13-7-98

13A-12-57

13-7-99

13A-12-58

13-7-111

13A-12-70

13-7-112

13A-12-71

13-7-113

13A-12-72

13-7-114

13A-12-73

13-7-115

13A-12-74

13-7-116

13A-12-75

13-7-130

13A-12-90

13-7-131

13A-12-91

13-7-132

13A-12-92

13-7-180

13A-12-150

13-7-181

13A-12-151

13-7-182

13A-12-152

13-7-183

13A-12-153

13-7-184

13A-12-154

13-7-185

13A-12-155

13-7-186

13A-12-156

13-7-187

13A-12-157

13-7-188

13A-12-158

13-7-189

13A-12-159

13-7-210

13A-12-170

13-7-211

13A-12-171

13-7-212

13A-12-172

13-7-213

13A-12-173

13-7-214

13A-12-174

13-7-215

13A-12-175

13-7-216

13A-12-176

13-7-217

13A-12-177

13-7-218

13A-12-178

13-7-219

13A-12-179

13-7-230

13A-12-190

13-7-231

13A-12-191

13-7-232

13A-12-192

13-7-233

13A-12-193

13-7-234

13A-12-194

13-7-235

13A-12-195

13-7-236

13A-12-196

13-7-237

13A-12-197

13-7-238

13A-12-198

13-8-4

13A-13-7

13-9-23

13A-4-4

13-10-1

13A-11-180

13-10-2

13A-11-181

13-10-3

13A-11-182

13-10-4

13A-11-183

13-10-5

13A-11-184

13-10-6

13A-11-185

13-10-7

13A-11-186

13-10-20

13A-11-200

13-10-21

13A-11-201

13-10-22

13A-11-202

13-10-23

13A-11-203

13-11-1

13A-5-30

13-11-2

13A-5-31

13-11-3

13A-5-32

13-11-4

13A-5-33

13-11-5

13A-5-34

13-11-6

13A-5-35

13-11-7

13A-5-36

13-11-8

13A-5-37

13-11-9

13A-5-38

Current through Act 2013-172 of the 2013 Regular Session.

END OF DOCUMENT

Ala.Code 1975 T. 13A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-1. Short title.

This title shall be known and may be cited as the “Alabama Criminal Code.”

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 101.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-2. Definitions.

Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:

(1) BOOBY TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.

(2) BURDEN OF INJECTING THE ISSUE. The term means that the defendant must offer some competent evidence relating to all matters subject to the burden, except that the defendant may rely upon evidence presented by the prosecution in meeting the burden.

(3) CLANDESTINE LABORATORY OPERATION. Any of the following:

a. Purchase or procurement of chemicals, supplies, equipment, or laboratory location for the unlawful manufacture of controlled substances.

b. Transportation or arranging for the transportation of chemicals, supplies, or equipment for the unlawful manufacture of controlled substances.

c. Setting up of equipment or supplies in preparation for the unlawful manufacture of controlled substances.

d. Distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the unlawful manufacture of controlled substances.

(4) CRIME. A misdemeanor or a felony.

(5) DANGEROUS INSTRUMENT. Any instrument, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is highly capable of causing death or serious physical injury. The term includes a “vehicle,” as that term is defined in subdivision (15).

(6) DEADLY PHYSICAL FORCE. Physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(7) DEADLY WEAPON. A firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any billy, black-jack, bludgeon, or metal knuckles.

(8) FELONY. An offense for which a sentence to a term of imprisonment in excess of one year is authorized by this title.

(9) MISDEMEANOR. An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed.

(10) OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.

(11) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.

(12) PHYSICAL INJURY. Impairment of physical condition or substantial pain.

(13) POSSESS. To have physical possession or otherwise to exercise dominion or control over tangible property.

(14) SERIOUS PHYSICAL INJURY. Physical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

(15) VEHICLE. Any “propelled vehicle,” as defined in subdivision (9) of Section 13A-8-1. The term includes any propelled device by which any person or property is transported on land, water, or in the air, and includes motor vehicles, motorcycles, motorboats, and aircraft, and any vessel, whether propelled by machinery or not.

(16) VIOLATION. An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 130; Acts 1978, No. 770, p. 1110; Act 2001-971, 3rd Sp. Sess., p. 873, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-3. General purposes of title.

The general purposes of the provisions of this title are:

(1) To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual and/or public interests;

(2) To give fair warning of the nature of the conduct proscribed and of the punishment authorized upon conviction;

(3) To define the act or omission and the accompanying mental state that constitute each offense;

(4) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;

(5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection; and

(6) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 105.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-4. When act or omission constitutes crime.

No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-5. Conformity of local ordinances with title. Repealed by Acts 1979, No. 79-471, p. 862, § 2, effective July 30, 1979.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-6

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-6. General rule of construction.

All provisions of this title shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law, including the purposes stated in Section 13A-1-3.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 115.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-7

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-7. Applicability of title to offenses committed before and after enactment of title.

(a) The provisions of this title shall govern the construction of and punishment for any offense defined in this title and committed after 12:01 A.M. January 1, 1980, as well as the construction and application of any defense to a prosecution for such an offense.

(b) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside this title and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.

(c) The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to 12:01 A.M. January 1, 1980, or the construction and application of any defense to a prosecution of such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 120.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-8

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-8. Procedural matters; civil liabilities not affected by title; prosecution when more than one offense.

(a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title.

(2) This title does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.

(b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:

(1) One offense is included in the other, as defined in Section 13A-1-9; or

(2) One offense consists only of a conspiracy or other form of preparation to commit the other; or

(3) Inconsistent findings of fact are required to establish the commission of the offenses; or

(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.

CREDIT(S)

(Acts 1977, No. 77-607, p. 812, § 125; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-9

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-9. Lesser included offenses.

(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if:

(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or

(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or

(3) It is specifically designated by statute as a lesser degree of the offense charged; or

(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.

(b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 126.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-10

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-10. Pending proceedings, rights and liabilities not affected.

All proceedings pending and all rights and liabilities existing, acquired or incurred on January 1, 1980 are hereby saved and may be consummated according to the law in force when they were commenced. This title shall not be construed to affect any prosecution pending or begun before January 1, 1980.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 9905.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-1-11

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 1. General Provisions.

§ 13A-1-11. Effective date.

This title shall take effect at 12:01 A.M. o'clock on January 1, 1980.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 9910; Acts 1978, No. 770, p. 1110, § 1; Acts 1979, No. 79-125, p. 230.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 1. . Culpability.

§ 13A-2-1. Definitions -- Generally.

The following definitions apply to this Criminal Code:

(1) ACT.A bodily movement, and such term includes possession of property.

(2) VOLUNTARY ACT. An act performed consciously as a result of effort or determination, and such term includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient time to have been able to terminate it.

(3) OMISSION.A failure to perform an act as to which a duty of performance is imposed by law.

(4) CONDUCT.An act or omission and its accompanying mental state.

(5) TO ACT. Either to perform an act or to omit to perform an act.

(6) CULPABLE MENTAL STATE. Such term means “intentionally” or “knowingly” or “recklessly” or with “criminal negligence,” as these terms are defined in Section 13A-2-2.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 301.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 1. . Culpability.

§ 13A-2-2. Definitions -- Definitions of culpable mental state.

The following definitions apply to this Criminal Code:

(1) INTENTIONALLY.A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.

(2) KNOWINGLY.A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.

(3) RECKLESSLY.A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.

(4) CRIMINAL NEGLIGENCE. A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider statutes or ordinances regulating the defendant's conduct as bearing upon the question of criminal negligence.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 305.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 1. . Culpability.

§ 13A-2-3. Requirements for criminal liability in general and for offenses of strict liability and of mental culpability.

The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of “strict liability.” If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of “mental culpability.”

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 310.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 1. . Culpability.

§ 13A-2-4. Construction of statutes with respect to culpability requirements.

(a) When a statute defining an offense prescribes as an element thereof a specified culpable mental state, such mental state is presumed to apply to every element of the offense unless the context thereof indicates to the contrary.

(b) Although no culpable mental state is expressly designated in a statute defining an offense, an appropriate culpable mental state may nevertheless be required for the commission of that offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, states a crime of mental culpability.

(c) If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly and intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 315.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 1. . Culpability.

§ 13A-2-5. Causal relationship between conduct and results; relationship to mental culpability.

(a) A person is criminally liable if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was sufficient to produce the result and the conduct of the actor clearly insufficient.

(b) A person is nevertheless criminally liable for causing a result if the only difference between what actually occurred and what he intended, contemplated or risked is that:

(1) A different person or property was injured, harmed or affected; or

(2) A less serious or less extensive injury or harm occurred.

(c) When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 320.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-6

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 1. . Culpability.

§ 13A-2-6. Effect of ignorance or mistake upon liability.

(a) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief of fact unless:

(1) His factual mistake negatives the culpable mental state required for the commission of an offense; or

(2) The statute defining the offense or a statute related thereto expressly provides that such a factual mistake constitutes a defense or exemption; or

(3) The factual mistake is of a kind that supports a defense of justification as defined in Article 2 of Chapter 3 of this title.

(b) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless his mistaken belief is founded upon an official statement of the law contained in a statute or the latest judicial decision of the highest state or federal court which has decided on the matter.

(c) The burden of injecting the issue of mistake of law under subsection (b) of this section is on the defendant, but this does not shift the burden of proof.

(d) A mistake of law, other than as to the existence or meaning of the statute under which the defendant is prosecuted, is relevant to disprove the specific state of mental culpability required by the statute under which the defendant is prosecuted.

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(Acts 1977, No. 607, p. 812, § 325.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-7

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 1. . Culpability.

§ 13A-2-7. Consent.

(a) In general. The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives a required element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(b) Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense only if:

(1) The bodily harm consented to or threatened by the conduct consented to is not serious; or

(2) The conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

(3) The consent establishes a justification for the conduct under Article 2 of Chapter 3 of this title.

(c) Ineffective consent. Unless otherwise provided by this Criminal Code or by the law defining the offense, assent does not constitute consent if:

(1) It is given by a person who is legally incompetent to authorize the conduct; or

(2) It is given by a person who by reason of immaturity, mental disease or defect, or intoxication is manifestly unable and known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct; or

(3) It is given by a person whose consent is sought to be prevented by the law defining the offense; or

(4) It is induced by force, duress or deception.

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(Acts 1977, No. 607, p. 812, § 330.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-20

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 2. . Parties to Offenses.

§ 13A-2-20. Criminal liability based upon behavior.

A person is criminally liable for an offense if it is committed by his own behavior or by the behavior of another person for which he is legally accountable as provided for in this article, or both.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 401.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-21

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 2. . Parties to Offenses.

§ 13A-2-21. Criminal liability based upon behavior of another -- Accountability imposed by statute.

A person is legally accountable for the behavior of another person if he is made accountable for the behavior of such person by the statute defining the offense or by specific provision of this title.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 405.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-22

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 2. . Parties to Offenses.

§ 13A-2-22. Criminal liability based upon behavior of another -- Conduct of an innocent person.

(a) A person is legally accountable for the behavior of another if, acting with the culpable mental state sufficient for the commission of the offense in question, he causes an innocent person to engage in such behavior.

(b) As used in this section, an “innocent person” includes any person who is not guilty of the offense in question, despite his behavior, because of:

(1) Criminal irresponsibility or other legal incapacity or exemption.

(2) Unawareness of the criminal nature of the conduct in question or of the defendant's criminal purpose.

(3) Any other factor precluding the mental state sufficient for the commission of the offense in question.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 410.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-23

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 2. . Parties to Offenses.

§ 13A-2-23. Criminal liability based upon behavior of another -- Complicity.

A person is legally accountable for the behavior of another constituting a criminal offense if, with the intent to promote or assist the commission of the offense:

(1) He procures, induces or causes such other person to commit the offense; or

(2) He aids or abets such other person in committing the offense; or

(3) Having a legal duty to prevent the commission of the offense, he fails to make an effort he is legally required to make.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 415.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-24

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 2. . Parties to Offenses.

§ 13A-2-24. Criminal liability based upon behavior of another -- Exceptions.

Unless otherwise provided by the statute defining the offense, a person shall not be legally accountable for behavior of another constituting a criminal offense if:

(1) He is a victim of that offense; or

(2) The offense is so defined that his conduct is inevitably incidental to its commission; or

(3) Prior to the commission of the offense, he voluntarily terminated his effort to promote or assist its commission and either gave timely and adequate warning to law enforcement authorities, or to the intended victim, or wholly deprived his complicity of its effectiveness in the commission of the offense. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

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(Acts 1977, No. 607, p. 812, § 420.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-25

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 2. . Parties to Offenses.

§ 13A-2-25. Criminal liability based upon behavior of another -- Certain defenses not available.

In a prosecution for an offense in which criminal liability is based upon the behavior of another person pursuant to this article, it is no defense that:

(1) Such other person has not been prosecuted for or convicted of any offense based upon the behavior in question, or has been previously acquitted thereof, or has been convicted of a different offense or degree of offense.

(2) The defendant belongs to a class of persons who, by definition of the offense, are legally incapable of committing the offense in an individual capacity.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 425.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-2-26

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 2. Principles of Criminal Liability.

Article 2. . Parties to Offenses.

§ 13A-2-26. Criminal liability of an individual for corporate conduct.

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.

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(Acts 1977, No. 607, p. 812, § 435.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 1. . Responsibility.

§ 13A-3-1. Mental disease or defect.

(a) It is an affirmative defense to a prosecution for any crime that, at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.

(b) “Severe mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

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(Acts 1977, No. 607, p. 812, § 501; Acts 1988, No. 88-654, p. 1051, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 1. . Responsibility.

§ 13A-3-2. Intoxication.

(a) Intoxication is not a defense to a criminal charge, except as provided in subsection (c) of this section. However, intoxication, whether voluntary or involuntary, is admissible in evidence whenever it is relevant to negate an element of the offense charged.

(b) When recklessness establishes an element of an offense and the actor is unaware of a risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.

(c) Involuntary intoxication is a defense to prosecution if as a result the actor lacks capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.

(d) Intoxication in itself does not constitute mental disease or defect within the meaning of Section 13A-3-1.

(e) In this section:

(1) “Intoxication” includes a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.

(2) “Voluntary intoxication” means intoxication caused by substances that the actor knowingly introduced into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them under circumstances that would afford a defense to a charge of crime.

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(Acts 1977, No. 607, p. 812, § 505.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 1. . Responsibility.

§ 13A-3-3. Immaturity.

The prosecution of any person as an adult shall be barred if the offense was committed when the actor was less than 14 years old.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 510.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-20

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-20. Definitions.

The following definitions are applicable to this article:

(1) BUILDING. Any structure which may be entered and utilized by persons for business, public use, lodging, or the storage of goods, and includes any vehicle, aircraft, or watercraft used for the lodging of persons or carrying on business therein. Each unit of a building consisting of two or more units separately occupied or secured is a separate building.

(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(3) DWELLING. A building which is usually occupied by a person lodging therein at night, or a building of any kind, including any attached balcony, whether the building is temporary or permanent, mobile or immobile, which has a roof over it, and is designed to be occupied by people lodging therein at night.

(4) FORCE. Physical action or threat against another, including confinement.

(5) PREMISES. The term includes any building, as defined in this section, and any real property.

(6) RESIDENCE. A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(7) VEHICLE. A motorized conveyance which is designed to transport people or property.

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(Acts 1977, No. 607, p. 812, § 670; Act 2006-303, p. 638, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-21

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-21. Basis for defense generally; injury to innocent person through negligence; civil remedies.

(a) Defense.Except as otherwise expressly provided, justification or excuse under this article is a defense.

(b) Danger to innocent persons.If a person is justified or excused in using force against a person, but he recklessly or negligently injures or creates a substantial injury to another person, the justifications afforded by this article are unavailable in a prosecution for such recklessness or negligence.

(c) Civil remedy unimpaired.Any justification or excuse within the meaning of this article does not abolish or impair any civil remedy or right of action which is otherwise available.

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(Acts 1977, No. 607, p. 812, § 601.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-22

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-22. Execution of public duty.

Unless inconsistent with other provisions of this article, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of his official powers, duties or functions.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 605; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-23

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-23. Use of force in defense of a person.

(a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (4), if the person reasonably believes that another person is:

(1) Using or about to use unlawful deadly physical force.

(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.

(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.

(4) In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, or occupied vehicle, or federally licensed nuclear power facility, or is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a person against his or her will from any dwelling, residence, or occupied vehicle when the person has a legal right to be there, and provided that the person using the deadly physical force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring. The legal presumption that a person using deadly physical force is justified to do so pursuant to this subdivision does not apply if:

a. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

b. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;

c. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

d. The person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.

(b) A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.

(1) With intent to cause physical injury or death to another person, he or she provoked the use of unlawful physical force by such other person.

(2) He or she was the initial aggressor, except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.

(3) The physical force involved was the product of a combat by agreement not specifically authorized by law.

(d) A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.

(e) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (a), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 610; Acts 1979, No. 79-599, p. 1060, § 1; Act 2006-303, p. 638, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-24

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-24. Use of force by persons with parental, custodial or special responsibilities.

The use of force upon another person is justified under any of the following circumstances:

(1) A parent, guardian or other person responsible for the care and supervision of a minor or an incompetent person, and a teacher or other person responsible for the care and supervision of a minor for a special purpose, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent that he reasonably believes it necessary and appropriate to maintain discipline or to promote the welfare of the minor or incompetent person.

(2) A warden or other authorized official of a jail, prison or correctional institution may, in order to maintain order and discipline, use whatever physical force is authorized by law.

(3) A person responsible for the maintenance of order in a common or contract carrier of passengers, or a person acting under his direction, may use reasonable physical force when and to the extent that he reasonably believes it necessary to maintain order, but he may use deadly physical force only when he reasonably believes it necessary to prevent death or serious physical injury.

(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use reasonable physical force upon that person to the extent that he reasonably believes it necessary to thwart the result.

(5) A duly licensed physician, or a person acting under his direction, may use reasonable physical force for the purpose of administering a reasonable and recognized form of treatment which he reasonably believes to be adapted to promoting the physical or mental health of the patient if:

a. The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person responsible for his care and supervision; or

b. The treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

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(Acts 1977, No. 607, p. 812, § 615.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-25

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-25. Use of force in defense of premises.

(a) A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such premises.

(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only:

(1) In defense of a person, as provided in Section 13A-3-23; or

(2) When he reasonably believes it necessary to prevent the commission of arson in the first or second degree by the trespasser.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 620.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-26

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-26. Use of force in defense of property other than premises.

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises as defined in section 13A-3-20.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 625.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-27

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-27. Use of force in making an arrest or preventing an escape.

(a) A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order:

(1) To make an arrest for a misdemeanor, violation or violation of a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor, violation or violation of a criminal ordinance, unless the peace officer knows that the arrest is unauthorized; or

(2) To defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest for a misdemeanor, violation or violation of a criminal ordinance, or while preventing or attempting to prevent an escape from custody of a person who has been legally arrested for a misdemeanor, violation or violation of a criminal ordinance.

(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he reasonably believes it necessary in order:

(1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony, unless the officer knows that the arrest is unauthorized; or

(2) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

(c) Nothing in subdivision (a)(1), or (b)(1), or (f)(2) constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to persons being arrested or to innocent persons whom he is not seeking to arrest or retain in custody.

(d) A peace officer who is effecting an arrest pursuant to a warrant is justified in using the physical force prescribed in subsections (a) and (b) unless the warrant is invalid and is known by the officer to be invalid.

(e) Except as provided in subsection (f), a person who has been directed by a peace officer to assist him to effect an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that he reasonably believes that force to be necessary to carry out the peace officer's direction.

(f) A person who has been directed to assist a peace officer under circumstances specified in subsection (e) may use deadly physical force to effect an arrest or to prevent an escape only when:

(1) He reasonably believes that force to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or

(2) He is authorized by the peace officer to use deadly physical force and does not know that the peace officer himself is not authorized to use deadly physical force under the circumstances.

(g) A private person acting on his own account is justified in using physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he reasonably believes has committed a felony and who in fact has committed that felony, but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

(h) A guard or peace officer employed in a detention facility is justified:

(1) In using deadly physical force when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the escape of a prisoner accused or convicted of a felony from any detention facility, or from armed escort or guard;

(2) In using physical force, but not deadly physical force, in all other circumstances when and to extent that he reasonably believes it necessary to prevent what he reasonably believes to be the escape of a prisoner from a detention facility.

(3) “Detention facility” means any place used for the confinement, pursuant to law, of a person:

a. Charged with or convicted of an offense; or

b. Charged with being or adjudicated a youthful offender, a neglected minor or juvenile delinquent; or

c. Held for extradition; or

d. Otherwise confined pursuant to an order of a criminal court.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 630; Acts 1979, No. 79-599, p. 1060, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-28

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-28. Use of force in resisting arrest prohibited.

A person may not use physical force to resist a lawful arrest by a peace officer who is known or reasonably appears to be a peace officer.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 635.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-29

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-29. Necessity for conduct otherwise constituting an offense. Repealed by Acts 1979, No. 79-664, p. 1163, § 2, effective July 30, 1979.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-30

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-30. Duress.

(a) It is a defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by the threat of imminent death or serious physical injury to himself or another.

(b) The defense provided by this section is unavailable if the actor intentionally or recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.

(c) It is no defense that a person acted at the command or persuasion of his or her spouse, unless such compulsion would establish a defense under this section. The presumption that a woman is subject to compulsion when acting in the presence of her husband is abolished.

(d) The defense provided by this section is unavailable in a prosecution for:

(1) murder; or

(2) any killing of another under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 645; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-3-31

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 2. . Justification and Excuse.

§ 13A-3-31. Entrapment.

The Alabama Criminal Code adopts the present case law on entrapment.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 650; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 4, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 4. Inchoate Crimes.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-4-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 4. Inchoate Crimes. (Refs & Annos)

§ 13A-4-1. Criminal solicitation.

(a) A person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a crime, he solicits, requests, commands or importunes such other person to engage in such conduct.

A person may not be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant's intent.

(b) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

(c) A person is not liable under this section when his solicitation constitutes conduct of a kind that is necessarily incidental to the commission of the offense solicited. When the solicitation constitutes an offense other than criminal solicitation which is related to but separate from the offense solicited, defendant is guilty of such related offense only and not of criminal solicitation.

(d) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the offense solicited because of:

(1) Criminal irresponsibility or other legal incapacity or exemption; or

(2) Unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose; or

(3) Any other factor precluding the mental state required for the commission of the offense in question.

(e) It is no defense to a prosecution for criminal solicitation that defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that he solicited another to commit.

(f) Criminal solicitation is a:

(1) Class A felony if the offense solicited is murder.

(2) Class B felony if the offense solicited is a Class A felony.

(3) Class C felony if the offense solicited is a Class B felony.

(4) Class A misdemeanor if the offense solicited is a Class C felony.

(5) Class B misdemeanor if the offense solicited is a Class A misdemeanor.

(6) Class C misdemeanor if the offense solicited is a Class B misdemeanor.

(7) Violation if the offense solicited is a Class C misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1001.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-4-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 4. Inchoate Crimes. (Refs & Annos)

§ 13A-4-2. Attempt.

(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense.

(b) It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the defendant believed them to be.

(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of this criminal intent, he avoided the commission of the offense attempted by abandoning his criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

(d) An attempt is a:

(1) Class A felony if the offense attempted is murder.

(2) Class B felony if the offense attempted is a Class A felony.

(3) Class C felony if the offense attempted is a Class B felony.

(4) Class A misdemeanor if the offense attempted is a Class C felony.

(5) Class B misdemeanor if the offense attempted is a Class A misdemeanor.

(6) Class C misdemeanor if the offense attempted is a Class B misdemeanor.

(7) Violation if the offense attempted is a Class C misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1005.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-4-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 4. Inchoate Crimes. (Refs & Annos)

§ 13A-4-3. Criminal conspiracy generally.

(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one or more of such persons does an overt act to effect an objective of the agreement.

(b) If a person knows or should know that one with whom he agrees has in turn agreed or will agree with another to effect the same criminal objective, he shall be deemed to have agreed with such other person, whether or not he knows the other's identity.

(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy. Renunciation by one conspirator, however, does not affect the liability of another conspirator who does not join in the abandonment of the conspiratorial objective. The burden of injecting the issue of renunciation is on the defendant, but this does not shift the burden of proof.

(d) It is no defense to a prosecution for criminal conspiracy that:

(1) The person, or persons, with whom defendant is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or is immune from prosecution, or

(2) The person, or persons, with whom defendant conspired could not be guilty of the conspiracy or the object crime because of lack of mental responsibility or culpability, or other legal incapacity or defense, or

(3) The defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.

(e) A conspirator is not liable under this section if, had the criminal conduct contemplated by the conspiracy actually been performed, he would be immune from liability under the law defining the offense or as an accomplice under Section 13A-2-24.

(f) Liability as accomplice. Accomplice liability for offenses committed in furtherance of a conspiracy is to be determined as provided in Section 13A-2-23.

(g) Criminal conspiracy is a:

(1) Class A felony if an object of the conspiracy is murder.

(2) Class B felony if an object of the conspiracy is a Class A felony.

(3) Class C felony if an object of the conspiracy is a Class B felony.

(4) Class A misdemeanor if an object of the conspiracy is a Class C felony.

(5) Class B misdemeanor if an object of the conspiracy is a Class A misdemeanor.

(6) Class C misdemeanor if an object of the conspiracy is a Class B misdemeanor.

(7) Violation if an object of the conspiracy is a Class C misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1015.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-4-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 4. Inchoate Crimes. (Refs & Annos)

§ 13A-4-4. Conspiracy formed in this state to commit crime elsewhere indictable here.

A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state.

CREDIT(S)

(Code 1896, § 4430; Code 1907, § 6472; Code 1923, § 3573; Code 1940, T. 14, § 102; Code 1975, § 13-9-23.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-4-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 4. Inchoate Crimes. (Refs & Annos)

§ 13A-4-5. Consummation of object offense not defense to prosecution; multiple convictions on basis of same course of conduct.

(a) It is no defense to a prosecution for criminal solicitation, Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the offense solicited, attempted or conspired was actually committed.

(b) A person may not be convicted on the basis of the same course of conduct of both the actual commission of an offense and:

(1) An attempt to commit the offense; or

(2) Criminal solicitation of the offense; or

(3) Criminal conspiracy of the offense.

(c) A person may not be convicted of more than one of the offenses defined in Sections 13A-4-1, 13A-4-2 and 13A-4-3 for a single course of conduct designed to commit or to cause the commission of the same crime.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1020.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 5, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 5, Art. 1, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences.

Article 1. . General Provisions.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-1. Applicability of provisions.

(a) Every person convicted of any offense defined in this title, or defined outside this title, shall be sentenced by the court in accordance with this article, unless otherwise specifically provided by law.

(b) Penal laws enacted after January 1, 1980 shall be classified for punishment purposes in accordance with this article.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1201.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-2. Authorized dispositions.

(a) Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10.

(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the court to pay a fine authorized by Section 13A-5-11.

(1) Imprisonment for a term authorized by Section 13A-5-7; or

(2) Pay a fine authorized by Section 13A-5-12; or

(3) Both such imprisonment and fine.

(d) Every person convicted of a felony, misdemeanor, or violation, except for the commission of a criminal sex offense involving a child as defined in Section 15-20-21(5), may be placed on probation as authorized by law.

(e) This article does not deprive a court of authority conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license or permit, remove a person from office, cite for contempt, or impose any other lawful civil penalty. Such a judgment, order, or decree may be included as part of the sentence.

(f) Every person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death or to life imprisonment without parole as authorized by subsection (c) of Section 13A-6-2.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1205; Act 2005-301, 1st Sp. Sess. p. 571, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-3. Classification of offenses.

(a) Offenses are designated as felonies, misdemeanors or violations.

(b) Felonies are classified according to the relative seriousness of the offense into three categories:

(1) Class A felonies;

(2) Class B felonies; and

(3) Class C felonies.

(1) Class A misdemeanors;

(2) Class B misdemeanors; and

(3) Class C misdemeanors.

(d) Violations are not classified.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1210.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-4. Designation of offenses.

(a) The particular classification of each felony defined in this title, except murder under Section 13A-6-2, is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a felony without specification of its classification or punishment is punishable as a Class C felony.

(b) The particular classification of each misdemeanor defined in this title is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without specification as to classification or punishment is punishable as a Class C misdemeanor.

(c) Every violation defined in this title is expressly designated as such. Any offense defined outside this title without specification as to punishment or as to felony or misdemeanor is a violation.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1215.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-5. Presentence investigation.

There shall be a presentence or postsentence investigation report completed and filed on every defendant convicted of a felony offense after March 10, 2006, and such report shall be in an electronic format. On motion of the court or written motion of either party, the court shall require a written report of a presentence investigation of a defendant convicted of a felony, and such defendant shall not be sentenced or otherwise disposed of before such report has been presented to and considered by the court.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1220; Act 2006-218, p. 376, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-6

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-6. Sentences of imprisonment for felonies.

(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

(2) For a Class B felony, not more than 20 years or less than 2 years.

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.

(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 20 years.

(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 10 years.

(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.

(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20-25.3, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.

(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1225; Acts 1981, No. 81-840, p. 1505; Act 2005-301, 1st Sp. Sess. p. 571, § 1; Act 2011-555, p. 1037, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-7

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-7. Sentences of imprisonment for misdemeanors and violations.

(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:

(1) For a Class A misdemeanor, not more than one year.

(2) For a Class B misdemeanor, not more than six months.

(3) For a Class C misdemeanor, not more than three months.

(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1230; Acts 1978, No. 770, p. 1110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-8

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-8. Place of imprisonment.

The place of imprisonment for sentences imposed in this state shall be as established elsewhere by law.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1232.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-9

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-9. Habitual felony offenders -- Additional penalties.

(a) In all cases when it is shown that a criminal defendant has been previously convicted of a felony and after the conviction has committed another felony, he or she must be punished as follows:

(1) On conviction of a Class C felony, he or she must be punished for a Class B felony.

(2) On conviction of a Class B felony, he or she must be punished for a Class A felony.

(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

(b) In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies and after such convictions has committed another felony, he or she must be punished as follows:

(1) On conviction of a Class C felony, he or she must be punished for a Class A felony.

(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years.

(c) In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies and after such convictions has committed another felony, he or she must be punished as follows:

(1) On conviction of a Class C felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or any term of not less than 20 years.

(3) On conviction of a Class A felony, where the defendant has no prior convictions for any Class A felony, he or she must be punished by imprisonment for life or life without the possibility of parole, in the discretion of the trial court.

(4) On conviction of a Class A felony, where the defendant has one or more prior convictions for any Class A felony, he or she must be punished by imprisonment for life without the possibility of parole.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1235; Acts 1979, No. 79-664, p. 1163, § 1; Act 2000-759, p. 1736, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-9.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-9.1. Retroactive application of Section 13A-5-9.

The provisions of Section 13A-5-9 shall be applied retroactively by the sentencing judge or, if the sentencing judge is no longer in office, by any circuit judge appointed by the presiding judge, for consideration of early parole of each nonviolent convicted offender based on evaluations performed by the Department of Corrections and approved by the Board of Pardons and Paroles and submitted to the court.

CREDIT(S)

(Act 2001-977, 3rd Sp. Sess., p. 941, § 1; Act 2007-457, p. 945, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-10

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-10. Habitual felony offenders -- Proof; restriction on imposition of penalty.

(a) The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under Section 13A-5-9, according to procedures established by rule of court.

(b) Section 13A-5-9 does not apply to a corporation.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1237.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-10.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-10.1. Habitual felony offenders -- Proof; certified copies of case action summary sheets, docket sheets, etc.

(a) Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the laws of this state.

(b) If the trial court determines that the defendant would be prejudiced by the admission of the documents described in subsection (a) the court may admit into evidence and inform the jury of the fact of the conviction but not allow the jury to view the prejudicial documents.

(c) If the document described in subsection (a) indicates that the defendant was represented by an attorney, it is presumed that the attorney was present in court with the defendant at all critical stages of the proceeding.

CREDIT(S)

(Acts 1987, No. 87-604, p. 1051, §§ 1-3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-11

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-11. Fines for felonies.

(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:

(1) For a Class A felony, not more than $60,000;

(2) For a Class B felony, not more than $30,000;

(3) For a Class C felony, not more than $15,000; or

(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(b) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.

(c) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from the crime according to procedures established by rule of court.

(d) This section shall not apply if a higher fine is otherwise authorized by law for a specific crime.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1240; Act 2006-197, p. 284, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-12

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-12. Fines for misdemeanors and violations.

(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:

(1) For a Class A misdemeanor, not more than $6,000;

(2) For a Class B misdemeanor, not more than $3,000;

(3) For a Class C misdemeanor, not more than $500; or

(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(c) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.

(d) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from the crime according to procedures established by rule of court.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 1245; Acts 1979, No. 79-471, p. 862, § 1; Act 2006-197, p. 284, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-12.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-12.1. Fines for certain additional misdemeanors. Repealed by Act 2011-680, p. 2004, § 2, effective June 14, 2011.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-13

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 1. . General Provisions. (Refs & Annos)

§ 13A-5-13. Crimes motivated by victim's race, color, religion, national origin, ethnicity, or physical or mental disability.

(a) The Legislature finds and declares the following:

(1) It is the right of every person, regardless of race, color, religion, national origin, ethnicity, or physical or mental disability, to be secure and protected from threats of reasonable fear, intimidation, harassment, and physical harm caused by activities of groups and individuals.

(2) It is not the intent, by enactment of this section, to interfere with the exercise of rights protected by the Constitution of the State of Alabama or the United States.

(3) The intentional advocacy of unlawful acts by groups or individuals against other persons or groups and bodily injury or death to persons is not constitutionally protected when violence or civil disorder is imminent, and poses a threat to public order and safety, and such conduct should be subjected to criminal sanctions.

(b) The purpose of this section is to impose additional penalties where it is shown that a perpetrator committing the underlying offense was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability.

(c) A person who has been found guilty of a crime, the commission of which was shown beyond a reasonable doubt to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, shall be punished as follows:

(1) Felonies:

a. On conviction of a Class A felony that was found to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than 15 years.

b. On conviction of a Class B felony that was found to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than 10 years.

c. On conviction of a Class C felony that was found to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than two years.

d. For purposes of this subdivision, a criminal defendant who has been previously convicted of any felony and receives an enhanced sentence pursuant to this section is also subject to enhanced punishment under the Alabama Habitual Felony Offender Act, Section 13A-5-9.

(2) Misdemeanors:

On conviction of a misdemeanor which was found beyond a reasonable doubt to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the defendant shall be sentenced for a Class A misdemeanor, except that the defendant shall be sentenced to a minimum of three months.

CREDIT(S)

(Acts 1994, No. 94-581, §§ 1-3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 5, Art. 2, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences.

Article 2. . Death Penalty and Life Imprisonment Without Parole.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-30

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§§ 13A-5-30 through 13A-5-38. Repealed by Acts 1981, No. 81-178, p. 203 § 20, effective July 1, 1981.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-38

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§§ 13A-5-30 through 13A-5-38. Repealed by Acts 1981, No. 81-178, p. 203 § 20, effective July 1, 1981.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-39

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-39. Definitions.

As used in this article, these terms shall be defined as follows:

(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole according to the provisions of this article.

(2) DURING.The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof.

(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2) and (3).

(4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).

(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).

(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL ACTIVITY. As used in Sections 13A-5-49(2) and 13A-5-51(1), these terms refer to events occurring before the date of the sentence hearing.

(7) UNDER SENTENCE OF IMPRISONMENT. As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-40

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-40. Capital offenses.

(a) The following are capital offenses:

(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.

(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.

(3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.

(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.

(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while such officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of such officer or guard.

(6) Murder committed while the defendant is under sentence of life imprisonment.

(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.

(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.

(9) Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.

(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.

(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of said aircraft or any passenger or crewmen thereon or to direct the route or movement of said aircraft, or otherwise exert control over said aircraft.

(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b) of this section; and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.

(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.

(15) Murder when the victim is less than fourteen years of age.

(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.

(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.

(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.

(b) Except as specifically provided to the contrary in the last part of subdivision (a)(13) of this section, the terms “murder” and “murder by the defendant” as used in this section to define capital offenses mean murder as defined in Section 13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and (3). Subject to the provisions of Section 13A-5-41, murder as defined in Section 13A-6-2(a)(2) and (3), as well as murder as defined in Section 13A-6-2(a)(1), may be a lesser included offense of the capital offenses defined in subsection (a) of this section.

(c) A defendant who does not personally commit the act of killing which constitutes the murder is not guilty of a capital offense defined in subsection (a) of this section unless that defendant is legally accountable for the murder because of complicity in the murder itself under the provisions of Section 13A-2-23, in addition to being guilty of the other elements of the capital offense as defined in subsection (a) of this section.

(d) To the extent that a crime other than murder is an element of a capital offense defined in subsection (a) of this section, a defendant's guilt of that other crime may also be established under Section 13A-2-23. When the defendant's guilt of that other crime is established under Section 13A-2-23, that crime shall be deemed to have been “committed by the defendant” within the meaning of that phrase as it is used in subsection (a) of this section.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 2; Acts 1982, No. 82-567, p. 945, § 1; Acts 1987, No. 87-709, p. 1252, § 3; Acts 1992, No. 92-601, p. 1247, § 1; Acts 1994, No. 94-649, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-41

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-41. Lesser included offenses.

Subject to the provisions of Section 13A-1-9(b), the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a) not guilty of the capital offense but guilty of a lesser included offense or offenses. Lesser included offenses shall be defined as provided in Section 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in Section 13A-6-2(a), and the accompanying other felony, if any, in the provision of Section 13A-5-40(a) upon which the indictment is based.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 3; Acts 1982, No. 82-567, p. 945, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-42

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-42. Guilty plea; burden of proof upon state; waiver; sentencing.

A defendant who is indicted for a capital offense may plead guilty to it, but the state must in any event prove the defendant's guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-43

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-43. Trial of capital offenses; discharge of defendant; lesser included offenses; sentencing.

(a) In the trial of a capital offense the jury shall first hear all the admissible evidence offered on the charge or charges against the defendant. It shall then determine whether the defendant is guilty of the capital offense or offenses with which he is charged or of any lesser included offense or offenses considered pursuant to Section 13A-5-41.

(b) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41, the defendant shall be discharged.

(c) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and is found guilty of a lesser included offense or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed as provided by law.

(d) If the defendant is found guilty of a capital offense or offenses with which he is charged, the sentence shall be determined as provided in Sections 13A-5-45 through 13A-5-53.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-44

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-44. Jury selection and separation; waiver by defendant of jury participation in sentence hearing.

(a) The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen according to procedures specified by law or court rule.

(b) The separation of the jury during the pendency of the trial of a capital case shall be governed by applicable law or court rule.

(c) Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided, however, before any such waiver is valid, it must affirmatively appear in the record that the defendant himself has freely waived his right to the participation of a jury in the sentence proceeding, after having been expressly informed of such right.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-45

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-45. Sentence hearing -- Delay; statements and arguments; admissibility of evidence; burden of proof; mitigating and aggravating circumstances.

(a) Upon conviction of a defendant for a capital offense, the trial court shall conduct a separate sentence hearing to determine whether the defendant shall be sentenced to life imprisonment without parole or to death. The sentence hearing shall be conducted as soon as practicable after the defendant is convicted. Provided, however, if the sentence hearing is to be conducted before the trial judge without a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere in this article, the trial court with the consent of both parties may delay the sentence hearing until it has received the pre-sentence investigation report specified in Section 13A-5-47(b). Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation report.

(b) The state and the defendant shall be allowed to make opening statements and closing arguments at the sentence hearing. The order of those statements and arguments and the order of presentation of the evidence shall be the same as at trial.

(c) At the sentence hearing evidence may be presented as to any matter that the court deems relevant to sentence and shall include any matters relating to the aggravating and mitigating circumstances referred to in Sections 13A-5-49, 13A-5-51 and 13A-5-52. Evidence presented at the trial of the case may be considered insofar as it is relevant to the aggravating and mitigating circumstances without the necessity of re-introducing that evidence at the sentence hearing, unless the sentence hearing is conducted before a jury other than the one before which the defendant was tried.

(d) Any evidence which has probative value and is relevant to sentence shall be received at the sentence hearing regardless of its admissibility under the exclusionary rules of evidence, provided that the defendant is accorded a fair opportunity to rebut any hearsay statements. This subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of Alabama.

(e) At the sentence hearing the state shall have the burden of proving beyond a reasonable doubt the existence of any aggravating circumstances. Provided, however, any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentence hearing.

(f) Unless at least one aggravating circumstance as defined in Section 13A-5-49 exists, the sentence shall be life imprisonment without parole.

(g) The defendant shall be allowed to offer any mitigating circumstance defined in Sections 13A-5-51 and 13A-5-52. When the factual existence of an offered mitigating circumstance is in dispute, the defendant shall have the burden of interjecting the issue, but once it is interjected the state shall have the burden of disproving the factual existence of that circumstance by a preponderance of the evidence.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-46

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-46. Sentence hearing -- Conducted before jury unless waived; trial jury to sit unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts; vote required; mistrial; waiver of right to advisory verdict.

(a) Unless both parties with the consent of the court waive the right to have the sentence hearing conducted before a jury as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return an advisory verdict as provided by subsection (e) of this section. If both parties with the consent of the court waive the right to have the hearing conducted before a jury, the trial judge shall proceed to determine sentence without an advisory verdict from a jury. Otherwise, the hearing shall be conducted before a jury as provided in the remaining subsections of this section.

(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted before that same jury unless it is impossible or impracticable to do so. If it is impossible or impracticable for the trial jury to sit at the sentence hearing, or if the case on appeal is remanded for a new sentence hearing before a jury, a new jury shall be impanelled to sit at the sentence hearing. The selection of that jury shall be according to the laws and rules governing the selection of a jury for the trial of a capital case.

(c) The separation of the jury during the pendency of the sentence hearing, and if the sentence hearing is before the same jury which convicted the defendant, the separation of the jury during the time between the guilty verdict and the beginning of the sentence hearing, shall be governed by the law and court rules applicable to the separation of the jury during the trial of a capital case.

(d) After hearing the evidence and the arguments of both parties at the sentence hearing, the jury shall be instructed on its function and on the relevant law by the trial judge. The jury shall then retire to deliberate concerning the advisory verdict it is to return.

(e) After deliberation, the jury shall return an advisory verdict as follows:

(1) If the jury determines that no aggravating circumstances as defined in Section 13A-5-49 exist, it shall return an advisory verdict recommending to the trial court that the penalty be life imprisonment without parole;

(2) If the jury determines that one or more aggravating circumstances as defined in Section 13A-5-49 exist but do not outweigh the mitigating circumstances, it shall return an advisory verdict recommending to the trial court that the penalty be life imprisonment without parole;

(3) If the jury determines that one or more aggravating circumstances as defined in Section 13A-5-49 exist and that they outweigh the mitigating circumstances, if any, it shall return an advisory verdict recommending to the trial court that the penalty be death.

(f) The decision of the jury to return an advisory verdict recommending a sentence of life imprisonment without parole must be based on a vote of a majority of the jurors. The decision of the jury to recommend a sentence of death must be based on a vote of at least 10 jurors. The verdict of the jury must be in writing and must specify the vote.

(g) If the jury is unable to reach an advisory verdict recommending a sentence, or for other manifest necessity, the trial court may declare a mistrial of the sentence hearing. Such a mistrial shall not affect the conviction. After such a mistrial or mistrials another sentence hearing shall be conducted before another jury, selected according to the laws and rules governing the selection of a jury for the trial of a capital case. Provided, however, that, subject to the provisions of Section 13A-5-44(c), after one or more mistrials both parties with the consent of the court may waive the right to have an advisory verdict from a jury, in which event the issue of sentence shall be submitted to the trial court without a recommendation from a jury.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 8.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-47

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-47. Determination of sentence by court; pre-sentence investigation report; presentation of arguments on aggravating and mitigating circumstances; court to enter written findings; court not bound by sentence recommended by jury.

(a) After the sentence hearing has been conducted, and after the jury has returned an advisory verdict, or after such a verdict has been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall proceed to determine the sentence.

(b) Before making the sentence determination, the trial court shall order and receive a written pre-sentence investigation report. The report shall contain the information prescribed by law or court rule for felony cases generally and any additional information specified by the trial court. No part of the report shall be kept confidential, and the parties shall have the right to respond to it and to present evidence to the court about any part of the report which is the subject of factual dispute. The report and any evidence submitted in connection with it shall be made part of the record in the case.

(c) Before imposing sentence the trial court shall permit the parties to present arguments concerning the existence of aggravating and mitigating circumstances and the proper sentence to be imposed in the case. The order of the arguments shall be the same as at the trial of a case.

(d) Based upon the evidence presented at trial, the evidence presented during the sentence hearing, and the pre-sentence investigation report and any evidence submitted in connection with it, the trial court shall enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in Section 13A-5-49, each mitigating circumstance enumerated in Section 13A-5-51, and any additional mitigating circumstances offered pursuant to Section 13A-5-52. The trial court shall also enter written findings of facts summarizing the crime and the defendant's participation in it.

(e) In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict, unless such a verdict has been waived pursuant to Section 13A-5-46(a) or 13A-5-46(g). While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 9.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-48

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-48. Process of weighing aggravating and mitigating circumstances defined.

The process described in Sections 13A-5-46(e)(2), 13A-5-46(e)(3) and Section 13A-5-47(e) of weighing the aggravating and mitigating circumstances to determine the sentence shall not be defined to mean a mere tallying of aggravating and mitigating circumstances for the purpose of numerical comparison. Instead, it shall be defined to mean a process by which circumstances relevant to sentence are marshalled and considered in an organized fashion for the purpose of determining whether the proper sentence in view of all the relevant circumstances in an individual case is life imprisonment without parole or death.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 10.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-49

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-49. Aggravating circumstances.

Aggravating circumstances shall be the following:

(1) The capital offense was committed by a person under sentence of imprisonment;

(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person;

(3) The defendant knowingly created a great risk of death to many persons;

(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary or kidnapping;

(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;

(6) The capital offense was committed for pecuniary gain;

(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws;

(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses;

(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct; or

(10) The capital offense was one of a series of intentional killings committed by the defendant.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 11; Acts 1982, No. 82-567, p. 945, § 1; Act 99-403, p. 683, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-50

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-50. Consideration of aggravating circumstances in sentence determination.

The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed to preclude the finding and consideration of that relevant circumstance or circumstances in determining sentence. By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of subsection (a) of Section 13A-5-40.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 12; Acts 1982, No. 82-567, p. 945, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-51

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-51. Mitigating circumstances -- Generally.

Mitigating circumstances shall include, but not be limited to, the following:

(1) The defendant has no significant history of prior criminal activity;

(2) The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance;

(3) The victim was a participant in the defendant's conduct or consented to it;

(4) The defendant was an accomplice in the capital offense committed by another person and his participation was relatively minor;

(5) The defendant acted under extreme duress or under the substantial domination of another person;

(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; and

(7) The age of the defendant at the time of the crime.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 13.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-52

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-52. Mitigating circumstances -- Inclusion of defendant's character, record, etc.

In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 14.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-53

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-53. Appellate review of death sentence; scope; remand; specific determinations to be made by court; authority of court following review.

(a) In any case in which the death penalty is imposed, in addition to reviewing the case for any error involving the conviction, the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall also review the propriety of the death sentence. This review shall include the determination of whether any error adversely affecting the rights of the defendant was made in the sentence proceedings, whether the trial court's findings concerning the aggravating and mitigating circumstances were supported by the evidence, and whether death was the proper sentence in the case. If the court determines that an error adversely affecting the rights of the defendant was made in the sentence proceedings or that one or more of the trial court's findings concerning aggravating and mitigating circumstances were not supported by the evidence, it shall remand the case for new proceedings to the extent necessary to correct the error or errors. If the appellate court finds that no error adversely affecting the rights of the defendant was made in the sentence proceedings and that the trial court's findings concerning aggravating and mitigating circumstances were supported by the evidence, it shall proceed to review the propriety of the decision that death was the proper sentence.

(b) In determining whether death was the proper sentence in the case the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall determine:

(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;

(2) Whether an independent weighing of the aggravating and mitigating circumstances at the appellate level indicates that death was the proper sentence; and

(3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.

(c) The Court of Criminal Appeals shall explicitly address each of the three questions specified in subsection (b) of this section in every case it reviews in which a sentence of death has been imposed.

(d) After performing the review specified in this section, the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall be authorized to:

(1) Affirm the sentence of death;

(2) Set the sentence of death aside and remand to the trial court for correction of any errors occurring during the sentence proceedings and for imposition of the appropriate penalty after any new sentence proceedings that are necessary, provided that such errors shall not affect the determination of guilt and shall not preclude the imposition of a sentence of death where it is determined to be proper after any new sentence proceedings that are deemed necessary; or

(3) In cases in which the death penalty is deemed inappropriate under subdivision (b)(2) or (b)(3) of this section, set the sentence of death aside and remand to the trial court with directions that the defendant be sentenced to life imprisonment without parole.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 15.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-54

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-54. Appointment of experienced counsel for indigent defendants.

Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided with court appointed counsel having no less than five years' prior experience in the active practice of criminal law.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 16.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-55

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-55. Conviction and sentence of death subject to automatic review.

In all cases in which a defendant is sentenced to death, the judgment of conviction shall be subject to automatic review. The sentence of death shall be subject to review as provided in Section 13A-5-53.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 17.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-56

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-56. Supreme court to promulgate indictment forms, verdict forms and jury instructions.

The Alabama Supreme Court shall promulgate pattern indictment forms for use in cases in which indictments charging offenses defined in Section 13A-5-40(a) are thereafter returned. The Alabama Supreme Court shall also promulgate pattern verdict forms and pattern jury instructions for the trial and sentencing aspects of cases tried thereafter under this article, insofar as such verdicts and instructions relate to the particularities of cases tried under this article.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 18.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-57

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-57. Application of article to conduct after effective date.

(a) This article applies only to conduct occurring after 12:01 A.M. on July 1, 1981. Conduct occurring before 12:01 A.M. on July 1, 1981 shall be governed by pre-existing law.

(b) Sections 13A-5-30 through 13A-5-38 are hereby repealed. All other laws or parts of laws in conflict with this article are hereby repealed. This repealer shall not affect the application of pre-existing law to conduct occurring before 12:01 A.M. on July 1, 1981.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, §§ 19, 20.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-58

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-58. Interpretation of article.

This article shall be interpreted, and if necessary reinterpreted, to be constitutional.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 21.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-5-59

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 5. Punishments and Sentences. (Refs & Annos)

Article 2. . Death Penalty and Life Imprisonment Without Parole. (Refs & Annos)

§ 13A-5-59. Application of article upon finding of unconstitutionality.

It is the intent of the Legislature that if the death penalty provisions of this article are declared unconstitutional and if the offensive provision or provisions cannot be reinterpreted so as to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that the defendants who have been sentenced to death under this article shall be re-sentenced to life imprisonment without parole. It is also the intent of the Legislature that in the event that the death penalty provisions of this article are declared unconstitutional and if they cannot be reinterpreted to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that defendants convicted thereafter for committing crimes specified in Section 13A-5-40(a) shall be sentenced to life imprisonment without parole.

CREDIT(S)

(Acts 1981, No. 81-178, p. 203, § 23.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 1. . Homicide.

§ 13A-6-1. Definitions.

(a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section:

(1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide.

(2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.

(3) PERSON. The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability.

(b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider.

Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this section.

Medical care or treatment includes, but is not limited to, ordering, dispensation or administration of prescribed medications and medical procedures.

(c) A victim of domestic violence or sexual assault may not be charged under Article 1 or Article 2 for the injury or death of an unborn child caused by a crime of domestic violence or rape perpetrated upon her.

(d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child.

(e) Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this section shall be construed to make an abortion legal which is not otherwise authorized by law.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2001; Act 2006-419, p. 1042, §§ 1, 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 1. . Homicide.

§ 13A-6-2. Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.

(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.

(b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime.

(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2005; Act 2006-427, p. 1057, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 1. . Homicide.

§ 13A-6-3. Manslaughter.

(a) A person commits the crime of manslaughter if:

(1) He recklessly causes the death of another person, or

(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.

(b) Manslaughter is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2010; Acts 1987, No. 87-713, p. 1260.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 1. . Homicide.

§ 13A-6-4. Criminally negligent homicide.

(a) A person commits the crime of criminally negligent homicide if he causes the death of another person by criminal negligence.

(b) The jury may consider statutes and ordinances regulating the actor's conduct in determining whether he is culpably negligent under subsection (a) of this section.

(c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which said criminally negligent homicide is caused by the driver of a motor vehicle who is driving in violation of the provisions of Section 32-5A-191; in such cases criminally negligent homicide is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2015; Acts 1979, No. 79-664, p. 1163, § 1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 2, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 2. . Assaults.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-20

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-20. Assault in the first degree.

(a) A person commits the crime of assault in the first degree if:

(1) With intent to cause serious physical injury to another person, he causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or

(2) With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such an injury to any person; or

(3) Under circumstances manifesting extreme indifference to the value of human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or

(4) In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, he causes a serious physical injury to another person; or

(5) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 he causes serious bodily injury to the person of another with a motor vehicle.

(b) Assault in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2101; Acts 1987, No. 87-712, p. 1259.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-21

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-21. Assault in the second degree.

(a) A person commits the crime of assault in the second degree if the person does any of the following:

(1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person.

(2) With intent to cause physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon or a dangerous instrument.

(3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.

(4) With intent to prevent a peace officer, as defined in Section 36-21-60, a detention or correctional officer at any municipal or county jail or state penitentiary, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty, he or she intends to cause physical injury and he or she causes physical injury to any person. For the purpose of this subdivision, a person who is a peace officer who is employed or under contract while off duty by a private or public entity is a peace officer performing a lawful duty when the person is working in his or her approved uniform while off duty with the approval of his or her employing law enforcement agency. Provided, however, that nothing contained herein shall be deemed or construed as amending, modifying, or extending the classification of a peace officer as off-duty for workers compensation purposes or any other benefits to which a peace officer may otherwise be entitled to under law when considered on-duty. Additionally, nothing contained herein shall be deemed or construed as amending, modifying, or extending the tort liability of any municipality as a result of any action or inaction on the part of an off-duty police officer.

(5) With intent to cause physical injury to a teacher or to an employee of a public educational institution during or as a result of the performance of his or her duty, he or she causes physical injury to any person.

(6) With intent to cause physical injury to a health care worker, including a nurse, physician, technician, or any other person employed by or practicing at a hospital as defined in Section 22-21-20; a county or district health department; a long-term care facility; or a physician's office, clinic, or outpatient treatment facility during the course of or as a result of the performance of the duties of the health care worker or other person employed by or practicing at the hospital; the county or district health department; any health care facility owned or operated by the State of Alabama; the long-term care facility; or the physician's office, clinic, or outpatient treatment facility; he or she causes physical injury to any person. This subdivision shall not apply to assaults by patients who are impaired by medication or to assaults on home health care workers while they are in private residences.

(7) For a purpose other than lawful medical or therapeutic treatment, he or she intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him or her, without his or her consent, a drug, substance or preparation capable of producing the intended harm.

(b) Assault in the second degree is a Class C felony.

(c) For the purposes of this section, utility worker means any person who is employed by an entity that owns, operates, leases, or controls any plant, property, or facility for the generation, transmission, manufacture, production, supply, distribution, sale, storage, conveyance, delivery, or furnishing to or for the public of electricity, natural or manufactured gas, water, steam, sewage, or telephone service, including two or more utilities rendering joint service.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2102; Acts 1994, 1st Ex. Sess., No. 94-794, § 1; Acts 1996, No. 96-533, p. 744, § 1; Act 2006-565, p. 1312, § 1; Act 2009-586, p. 1722, § 1; Act 2010-565, p. 1145, § 1; Act 2011-550, p. 1015, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-22

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-22. Assault in the third degree.

(a) A person commits the crime of assault in the third degree if:

(1) With intent to cause physical injury to another person, he causes physical injury to any person; or

(2) He recklessly causes physical injury to another person; or

(3) With criminal negligence he causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(4) With intent to prevent a peace officer from performing a lawful duty, he causes physical injury to any person.

(b) Assault in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2103.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-23

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-23. Menacing.

(a) A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.

(b) Menacing is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-24

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-24. Reckless endangerment.

(a) A person commits the crime of reckless endangerment if he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

(b) Reckless endangerment is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2115.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-25

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-25. Criminal coercion.

(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.

(b) Criminal coercion is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2125.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-26

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-26. Compelling streetgang membership.

(a) For purposes of this section, the term “streetgang” means any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, of three or more persons that, through its membership or through the agency of any member, engages in a course or pattern of criminal activity.

(b) A person who expressly or by implication threatens to do bodily harm or does bodily harm to a person, a family member or a friend of the person, or any other person, or uses any other unlawful criminal means to solicit or cause any person to join or remain in a streetgang is guilty of the crime of compelling streetgang membership.

(d) Notwithstanding subsection (c), the crime of compelling streetgang membership is a Class A felony if the defendant is over the age of 18 years and the other person is under the age of 18 years.

(e) This section shall not be construed to repeal other criminal laws. Whenever conduct proscribed by this section is also proscribed by any other provision of law, the provision which carries the more serious penalty shall apply.

CREDIT(S)

(Act 98-490, p. 942, §§ 1, 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-27

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-27. Use of pepper spray, etc.

(a) The crime of criminal use of a defense spray is committed if the perpetrator uses a defense spray including, but not limited to pepper spray, foam and any other self-defense chemical spray against another person in the commission of a crime or against a law enforcement officer while the law enforcement officer is performing his or her official duties.

(b) Criminal use of a defense spray is a Class C felony.

CREDIT(S)

(Act 98-488, p. 932, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-28

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-28. Cross or American flag burning.

(a) A person commits the crime of cross or the American flag burning if he or she, with the intent to intimidate any person or group of persons, burns, or causes to be burned, a cross or the American flag on the property of another, a highway, or other public place.

(b) As used in this section, “intent to intimidate” means the intent to place a person or a group of persons in fear of bodily harm.

CREDIT(S)

(Act 2003-338, p. 845, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-29

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 2. . Assaults. (Refs & Annos)

§ 13A-6-29. Administration of medication by owner, operator, or employee of licensed or statutorily exempt child care facility.

(a) As used in this section, the following terms shall have the following meanings:

(1) MEDICALLY PRESCRIBED. In accordance with a physician's prescription or in accordance with age-appropriate directions for the over-the-counter medication.

(2) NEAR FATALITY. An act that, as certified by a physician, places the child in serious or critical condition.

(b) There is established the crime of administration of medication by the owner, operator, or employee of a licensed or statutorily exempt child care facility with the intent to drug the child or alter the child's behavior beyond what is medically prescribed or with the reckless disregard for the health, safety, and welfare of the child.

(1) A violation which does not cause or contributes to the death, near fatality, dismemberment, or permanent disability of a child is a Class C felony.

(2) A violation which causes a near fatality, dismemberment, or permanent disability of a child is a Class B felony.

(3) A violation which causes the death of a child is a Class A felony.

CREDIT(S)

(Act 2004-538, p. 1136, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-40

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 3. . Kidnapping, Unlawful Imprisonment, and Related Offenses.

§ 13A-6-40. Definitions.

The following definitions apply in this article:

(1) RESTRAIN.To intentionally or knowingly restrict a person's movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved. Restraint is “without consent” if it is accomplished by:

a. Physical force, intimidation or deception, or

b. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

(2) ABDUCT.To restrain a person with intent to prevent his liberation by either:

a. Secreting or holding him in a place where he is not likely to be found, or

b. Using or threatening to use deadly physical force.

(3) RELATIVE.A parent or stepparent, ancestor, sibling, uncle or aunt or other lawful custodian, including an adoptive relative of the same degree through marriage or adoption.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2201.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-41

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 3. . Kidnapping, Unlawful Imprisonment, and Related Offenses.

§ 13A-6-41. Unlawful imprisonment in the first degree.

(a) A person commits the crime of unlawful imprisonment in the first degree if he restrains another person under circumstances which expose the latter to a risk of serious physical injury.

(b) Unlawful imprisonment in the first degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2205.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-42

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 3. . Kidnapping, Unlawful Imprisonment, and Related Offenses.

§ 13A-6-42. Unlawful imprisonment in the second degree.

(a) A person commits the crime of unlawful imprisonment in the second degree if he restrains another person.

(b) A person does not commit a crime under this section if:

(1) The person restrained is a child less than 18 years old, and

(2) The actor is a relative of the child, and

(3) The actor's sole purpose is to assume lawful control of the child.

The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2206.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-43

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 3. . Kidnapping, Unlawful Imprisonment, and Related Offenses.

§ 13A-6-43. Kidnapping in the first degree.

(a) A person commits the crime of kidnapping in the first degree if he abducts another person with intent to

(1) Hold him for ransom or reward; or

(2) Use him as a shield or hostage; or

(3) Accomplish or aid the commission of any felony or flight therefrom; or

(4) Inflict physical injury upon him, or to violate or abuse him sexually; or

(5) Terrorize him or a third person; or

(6) Interfere with the performance of any governmental or political function.

(b) A person does not commit the crime of kidnapping in the first degree if he voluntarily releases the victim alive, and not suffering from serious physical injury, in a safe place prior to apprehension. The burden of injecting the issue of voluntary safe release is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for or preclude a conviction of kidnapping in the second degree or any other crime.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2210.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-44

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 3. . Kidnapping, Unlawful Imprisonment, and Related Offenses.

§ 13A-6-44. Kidnapping in the second degree.

(a) A person commits the crime of kidnapping in the second degree if he abducts another person.

(b) A person does not commit a crime under this section if:

(1) The abduction is not coupled with intent to use or to threaten to use deadly force,

(2) The actor is a relative of the person abducted, and

(3) The actor's sole purpose is to assume lawful control of that person.

The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2211.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-45

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 3. . Kidnapping, Unlawful Imprisonment, and Related Offenses.

§ 13A-6-45. Interference with custody.

(a) A person commits the crime of interference with custody if he knowingly takes or entices:

(1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or

(2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. “Committed person” means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another's custody by authority of law.

(b) A person does not commit a crime under this section if the actor's sole purpose is to assume lawful control of the child.

The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2215; Acts 1983, No. 83-571, p. 877.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 4, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 4. . Sexual Offenses.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-60

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-60. Definitions.

The following definitions apply in this article:

(1) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.

(2) DEVIATE SEXUAL INTERCOURSE. Any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.

(3) SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party.

(4) FEMALE.Any female person.

(5) MENTALLY DEFECTIVE. Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.

(6) MENTALLY INCAPACITATED. Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent.

(7) PHYSICALLY HELPLESS. Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(8) FORCIBLE COMPULSION. Physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2301; Acts 1988, No. 88-339, p. 515.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-61

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-61. Rape in the first degree.

(a) A person commits the crime of rape in the first degree if:

(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.

(b) Rape in the first degree is a Class A felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2310; Act 2000-726, p. 1557, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-62

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-62. Rape in the second degree.

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

(b) Rape in the second degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2311; Acts 1979, No. 79-471, p. 862, § 1; Acts 1987, No. 87-607, p. 1056, § 2; Act 2000-726, p. 1557, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-63

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-63. Sodomy in the first degree.

(a) A person commits the crime of sodomy in the first degree if:

(1) He engages in deviate sexual intercourse with another person by forcible compulsion; or

(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.

(b) Sodomy in the first degree is a Class A felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2315.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-64

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-64. Sodomy in the second degree.

(a) A person commits the crime of sodomy in the second degree if:

(1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.

(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.

(b) Sodomy in the second degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2316; Acts 1979, No. 79-471, p. 862, § 1; Acts 1987, No. 87-607, p. 1056, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-65

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-65. Sexual misconduct.

(a) A person commits the crime of sexual misconduct if:

(1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or

(2) Being a female, she engages in sexual intercourse with a male without his consent; or

(3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.

(b) Sexual misconduct is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2318.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-65.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-65.1. Sexual torture.

(a) A person commits the crime of sexual torture:

(1) By penetrating the vagina or anus or mouth of another person with an inanimate object by forcible compulsion with the intent to sexually torture or to sexually abuse.

(2) By penetrating the vagina or anus or mouth of a person who is incapable of consent by reason of physical helplessness or mental incapacity with an inanimate object, with the intent to sexually torture or to sexually abuse.

(3) By penetrating the vagina or anus or mouth of a person who is less than 12 years old with an inanimate object, by a person who is 16 years old or older with the intent to sexually torture or to sexually abuse.

(b) The crime of sexual torture is a Class A felony.

CREDIT(S)

(Acts 1993, No. 93-606, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-66

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-66. Sexual abuse in the first degree.

(a) A person commits the crime of sexual abuse in the first degree if:

(1) He subjects another person to sexual contact by forcible compulsion; or

(2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

(b) Sexual abuse in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2320; Act 2006-575, p. 1512, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-67

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-67. Sexual abuse in the second degree.

(a) A person commits the crime of sexual abuse in the second degree if:

(1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or

(2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

(b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2321; Act 2000-728, p. 1566, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-68

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-68. Indecent exposure.

(a) A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises.

(b) Indecent exposure is a Class A misdemeanor except a third or subsequent conviction shall be a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2325; Act 2011-534, p. 887, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-69

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-69. Enticing child to enter vehicle, house, etc., for immoral purposes.

(a) It shall be unlawful for any person with lascivious intent to entice, allure, persuade, or invite, or attempt to entice, allure, persuade, or invite, any child under 16 years of age to enter any vehicle, room, house, office, or other place for the purpose of proposing to such child the performance of an act of sexual intercourse or an act which constitutes the offense of sodomy or for the purpose of proposing the fondling or feeling of the sexual or genital parts of such child or the breast of such child, or for the purpose of committing an aggravated assault on such child, or for the purpose of proposing that such child fondle or feel the sexual or genital parts of such person.

(b) A violation of this section is a Class C felony.

CREDIT(S)

(Acts 1967, No. 388, p. 976; Code 1975, § 13-1-114; Act 2005-301, 1st Sp. Sess. p. 571, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-69.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-69.1. Sexual abuse of a child less than 12 years old.

(a) A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact.

(b) Sexual abuse of a child less than 12 years old is a Class B felony.

CREDIT(S)

(Act 2006-575, p. 1512, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-70

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4. . Sexual Offenses. (Refs & Annos)

§ 13A-6-70. Lack of consent.

(a) Whether or not specifically stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, that the sexual act was committed without consent of the victim.

(b) Lack of consent results from:

(1) Forcible compulsion; or

(2) Incapacity to consent; or

(3) If the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

(1) Less than 16 years old; or

(2) Mentally defective; or

(3) Mentally incapacitated; or

(4) Physically helpless.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2330.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 4A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 4A. . Sexual Offenses by School Employees Involving a Student.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-80

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4A. . Sexual Offenses by School Employees Involving a Student. (Refs & Annos)

§ 13A-6-80. Applicability.

For purposes of this article, school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, and other school employee.

CREDIT(S)

(Act 2010-497, p. 766, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-81

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4A. . Sexual Offenses by School Employees Involving a Student. (Refs & Annos)

§ 13A-6-81. School employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years.

(a) A person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years if he or she is a school employee and engages in a sex act or deviant sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

(b) As used in this section, sex act means sexual intercourse with any penetration, however slight; emission is not required.

(c) As used in this section, deviant sexual intercourse means any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.

(d) The crime of a school employee engaging in a sex act or deviant sexual intercourse with a student is a Class B felony.

CREDIT(S)

(Act 2010-497, p. 766, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-82

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4A. . Sexual Offenses by School Employees Involving a Student. (Refs & Annos)

§ 13A-6-82. School employee having sexual contact with a student under the age of 19 years.

(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she is a school employee and engaging in sexual contact with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

(b) As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act.

CREDIT(S)

(Act 2010-497, p. 766, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-83

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 4A. . Sexual Offenses by School Employees Involving a Student. (Refs & Annos)

§ 13A-6-83. Paid administrative leave; disciplinary action.

A school employee charged with the crime of engaging in a sex act or deviant sexual intercourse with a student or the crime of having sexual contact with a student may be placed on paid administrative leave while the charge is adjudicated. Upon the adjudication of the charge, further disciplinary action may be taken in accordance with the Teacher Tenure Act, Chapter 24 of Title 16, the Teacher Accountability Act, Chapter 24B of Title 16, or the Fair Dismissal Act, Article 4 of Chapter 26 of Title 36, whichever is applicable.

CREDIT(S)

(Act 2010-497, p. 766, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-90

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 5. . Stalking and Aggravated Stalking.

§ 13A-6-90. Stalking in the first degree.

(a) A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.

(b) The crime of stalking in the first degree is a Class C felony.

CREDIT(S)

(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, § 1; Act 2012-380, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-90.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 5. . Stalking and Aggravated Stalking.

§ 13A-6-90.1. Stalking in the second degree.

(a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.

(b) The crime of stalking in the second degree is a Class B misdemeanor.

CREDIT(S)

(Act 2012-380, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-91

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 5. . Stalking and Aggravated Stalking.

§ 13A-6-91. Aggravated stalking in the first degree.

(a) A person who violates the provisions of Section 13A-6-90(a) and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking in the first degree.

(b) The crime of aggravated stalking in the first degree is a Class B felony.

CREDIT(S)

(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, § 2; Act 2012-380, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-91.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 5. . Stalking and Aggravated Stalking.

§ 13A-6-91.1. Aggravated stalking in the second degree.

(a) A person who violates the provisions of Section 13A-6-90.1 and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking in the second degree.

(b) The crime of aggravated stalking in the second degree is a Class C felony.

CREDIT(S)

(Act 2012-380, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-92

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 5. . Stalking and Aggravated Stalking.

§ 13A-6-92. Definitions.

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise.

(a) COURSE OF CONDUCT. A pattern of conduct composed of a series of acts over a period of time which evidences a continuity of purpose.

(b) CREDIBLE THREAT. A threat, expressed or implied, made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to fear for his or her safety or the safety of a family member and to cause reasonable mental anxiety, anguish, or fear.

(c) HARASSES.Engages in an intentional course of conduct directed at a specified person which alarms or annoys that person, or interferes with the freedom of movement of that person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. Constitutionally protected conduct is not included within the definition of this term.

CREDIT(S)

(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, § 3; Acts 1994, No. 94-305, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-93

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 5. . Stalking and Aggravated Stalking.

§ 13A-6-93. Relationship to other laws.

This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.

CREDIT(S)

(Acts 1992, 2nd Ex. Sess., No. 92-675, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-94

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 5. . Stalking and Aggravated Stalking.

§ 13A-6-94. Article construed to sustain constitutionality.

This article shall be construed and, if necessary, reconstrued to sustain its constitutionality.

CREDIT(S)

(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 6, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 6. . Sex Offenses by Computer Use Involving a Child.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-110

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6. . Sex Offenses by Computer Use Involving a Child. (Refs & Annos)

§ 13A-6-110. Soliciting a child by computer. Repealed by Act 2009-745, p. 2233, § 9, effective May 22, 2009.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-111

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6. . Sex Offenses by Computer Use Involving a Child. (Refs & Annos)

§ 13A-6-111. Transmitting obscene material to a child by computer.

(a) A person is guilty of transmitting obscene material to a child if the person transmits, by means of any computer communication system allowing the input, output, examination, or transfer of computer programs from one computer to another, material which, in whole or in part, depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse, for the purpose of initiating or engaging in sexual acts with the child.

(b) For purposes of determining jurisdiction, the offense is committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state.

(c) A person charged under this section shall be tried as an adult and the record of the proceeding shall not be sealed nor subject to expungement.

(d) Transmitting obscene material of engaging in sexual intercourse, sodomy, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his or her benefit to a child is a Class B felony.

CREDIT(S)

(Acts 1997, No. 97-486, p. 844, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-112

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6. . Sex Offenses by Computer Use Involving a Child. (Refs & Annos)

§ 13A-6-112. No violation of article.

No person shall be held to have violated this article solely for providing access or connection to or from a facility, system, or network not under the control of the person, including transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing access or connection that do not include the creation of the communication unless:

(1) The person is a conspirator with an entity actively involved in the creation of the obscene material.

(2) The person knowingly distributed a communication that violates this article.

(3) The person knowingly advertises the availability of the communication.

(4) The person knowingly provides access or connection to a facility, system, or network engaged in the violation of this article that is owned or controlled by the person.

CREDIT(S)

(Acts 1997, No. 97-486, p. 844, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-113

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6. . Sex Offenses by Computer Use Involving a Child. (Refs & Annos)

§ 13A-6-113. No liability for employer.

No employer shall be held liable under this article for the action of an employee or agent unless the conduct of the employee or agent is within the scope of his or her employment or agency and the employer having knowledge of the conduct, authorizes or ratifies the conduct or recklessly disregards the conduct.

CREDIT(S)

(Acts 1997, No. 97-486, p. 844, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 6A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 6A. . Solicitation of Children by Electronic Means.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-120

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-120. Definitions.

For the purposes of this article, a child is defined as a person under 16 years of age.

CREDIT(S)

(Act 2009-745, p. 2233, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-121

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-121. Facilitating solicitation of unlawful sexual conduct with a child.

A person who knowingly compiles, enters into, or transmits by use of computer or otherwise; makes, prints, publishes, or reproduces by computerized or other means; knowingly causes or allows to be entered into or transmitted by use of computer or otherwise; or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement of any child's name, telephone number, place of residence, other geographical location, physical characteristics, or other descriptive or identifying information for the purpose of facilitating, encouraging, offering, or soliciting unlawful sexual conduct of or with any child, or the visual depiction of such conduct, is guilty of facilitating solicitation of unlawful sexual conduct with a child. Any person who violates this section commits a Class C felony.

CREDIT(S)

(Act 2009-745, p. 2233, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-122

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-122. Electronic solicitation of a child.

In addition to the provisions of Section 13A-6-69, a person who, knowingly, with the intent to commit an unlawful sex act, entices, induces, persuades, seduces, prevails, advises, coerces, lures, or orders, or attempts to entice, induce, persuade, seduce, prevail, advise, coerce, lure, or order, by means of a computer, on-line service, Internet service, Internet bulletin board service, weblog, cellular phone, video game system, personal data assistant, telephone, facsimile machine, camera, universal serial bus drive, writable compact disc, magnetic storage device, floppy disk, or any other electronic communication or storage device, a child who is at least three years younger than the defendant, or another person believed by the defendant to be a child at least three years younger than the defendant to meet with the defendant or any other person for the purpose of engaging in sexual intercourse, sodomy, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his or her benefit or for the benefit of another, is guilty of electronic solicitation of a child. Any person who violates this section commits a Class B felony.

CREDIT(S)

(Act 2009-745, p. 2233, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-123

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-123. Facilitating the on-line solicitation of a child.

Any owner or operator of a computer on-line service, weblog, Internet service, or Internet bulletin board service, who knowingly aids and abets another person or who, with the purpose of facilitating or encouraging the on-line solicitation of the child, permits any person to use the service to commit a violation of this article is guilty of facilitating the on-line solicitation of a child. Any person who violates this section commits a Class B felony.

CREDIT(S)

(Act 2009-745, p. 2233, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-124

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-124. Traveling to meet a child for an unlawful sex act.

Any person who travels either within this state, to this state, or from this state by any means, who attempts to do so, or who knowingly causes another to do so or to attempt to do so for the purpose of engaging in any unlawful sex act with a child, including sexual intercourse, sodomy, a sexual performance, obscene sexual performance, or other sexual conduct for his or her benefit or for the benefit of another shall be guilty of traveling to meet a child for an unlawful sex act. Any person who violates this section commits a Class A felony. Notwithstanding any law to the contrary, a conviction under this section shall be considered a criminal sex offense under Section 15-20-21.

CREDIT(S)

(Act 2009-745, p. 2233, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-125

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-125. Facilitating the travel of a child for an unlawful sex act.

Any person who facilitates, arranges, provides, or pays for the transport of a child for the purposes of engaging in an unlawful sex act with a child, including sexual intercourse, sodomy, a sexual performance, obscene sexual performance, or other sexual conduct for his or her benefit or for the benefit of another shall be guilty of facilitating the transport of a child for an unlawful sex act. Any person who violates this section commits a Class A felony.

CREDIT(S)

(Act 2009-745, p. 2233, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-126

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-126. Jurisdiction.

For purposes of determining jurisdiction of this article, the offense is committed in this state if any of the acts committed under Sections 13A-6-121, 13A-6-122, or 13A-6-123 either originate in or are received in this state. The purpose of this section is to confer jurisdiction upon the courts of this state to the maximum extent allowable under the Constitution of the United States of America and the Constitution of Alabama of 1901.

CREDIT(S)

(Act 2009-745, p. 2233, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-127

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 6A. . Solicitation of Children by Electronic Means. (Refs & Annos)

§ 13A-6-127. Defenses.

(a) It shall not be a defense to prosecution under this article:

(1) That an undercover operative or law enforcement officer was involved in the detection and investigation of an offense; or

(2) That a meeting as described in this article did not occur.

(b) An owner or operator of a computer on-line service, weblog, Internet service, or Internet bulletin board service shall not be liable for facilitating the on-line solicitation of a child for permitting an undercover operative or law enforcement officer to use an on-line service to detect and investigate unlawful activity related to the on-line solicitation of a child.

CREDIT(S)

(Act 2009-745, p. 2233, § 8.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 7, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 7. . Domestic Violence and Related Offenses.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-130

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-130. Domestic violence -- First degree.

(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20 or aggravated stalking pursuant to Section 13A-6-91, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.

(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.

CREDIT(S)

(Act 2000-266, p. 411, § 1; Act 2011-581, p. 1273, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-131

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-131. Domestic violence -- Second degree.

(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.

CREDIT(S)

(Act 2000-266, p. 411, § 2; Act 2011-581, p. 1273, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-132

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-132. Domestic violence -- Third degree.

(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor.

(b) The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.

(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.

(d) A third or subsequent conviction under subsection (a) is a Class C felony.

(e) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.

CREDIT(S)

(Act 2000-266, p. 411, § 3; Act 2011-581, p. 1273, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-133

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-133. Arrest without warrant -- Generally.

For the purposes of an arrest without a warrant pursuant to Section 15-10-3, the crimes of domestic violence in the first, second, and third degrees, and domestic violence by strangulation or suffocation shall be an offense involving domestic violence. A warrantless arrest for an offense involving domestic violence made pursuant to subdivision (8) of subsection (a) of Section 15-10-3, shall include a charge of a crime of domestic violence under this article.

CREDIT(S)

(Act 2000-266, p. 411, § 4; Act 2011-581, p. 1273, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-134

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-134. Arrest without warrant -- Determination of predominant aggressor.

(a) If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, or if both parties have injuries the officer shall evaluate each complaint separately to determine who was the predominant aggressor. If the officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person alleged to have committed domestic violence. In determining whether a person is the predominant aggressor the officer shall consider all of the following:

(1) Prior complaints of domestic violence.

(2) The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature.

(3) The likelihood of future injury to each person.

(4) Whether one of the persons acted in self-defense.

(b) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following:

(1) The specific consent or request of the victim.

(2) The officer's perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.

CREDIT(S)

(Act 2000-266, p. 411, § 5; Act 2011-581, p. 1273, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-135

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-135. Relation to abuse laws.

For the purposes of Chapter 5 of Title 30, the crimes of domestic violence in the first, second, and third degrees shall be included as acts, attempts, or threats of abuse as defined pursuant to Section 30-5-2.

CREDIT(S)

(Act 2000-266, p. 411, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-136

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-136. Relation to domestic or family abuse laws.

For the purposes of Article 6, Chapter 3 of Title 30, the definition of “domestic or family abuse” includes an incident of domestic violence in the first, second, or third degrees pursuant to this article.

CREDIT(S)

(Act 2000-266, p. 411, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-137

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-137. Interference with a domestic violence emergency call.

(a) A person commits the crime of interference with a domestic violence emergency call if he or she intentionally hinders, obstructs, disconnects, or in any way prevents the victim from calling for assistance.

(b) Interference with a domestic violence emergency call is a Class B misdemeanor.

CREDIT(S)

(Act 2011-581, p. 1273, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-138

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-138. Domestic violence by strangulation or suffocation.

(a) For the purposes of this section, the following terms have the following meanings:

(1) QUALIFIED RELATIONSHIP. The victim is a spouse, former spouse, parent, stepparent, child, stepchild, or a person with whom the defendant has a child in common, or with whom the defendant has or had a dating or engagement relationship within 10 months preceding this event.

(2) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.

(3) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation as defined in this section.

(b) A person commits the crime of domestic violence by strangulation or suffocation if the person commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation against a person with whom the defendant has a qualified relationship.

CREDIT(S)

(Act 2011-581, p. 1273, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-139

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-139. Costs of prosecution or warrant recall of domestic violence, stalking, or sexual assault offenses.

Notwithstanding any other provision of law, no court costs shall be assessed against any victim of domestic violence, stalking, or sexual assault in connection with the prosecution or warrant recall of a domestic violence, stalking, or sexual assault offense.

CREDIT(S)

(Act 2011-581, p. 1273, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 7A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 7A. . Domestic Violence Protection Order Enforcement Act.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-140

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-140. Short title; purpose.

(a) This article shall be known as the Domestic Violence Protection Order Enforcement Act.

(b) The purpose of this article is to define the crime of violation of a domestic violence order.

CREDIT(S)

(Acts 1993, No. 93-325, p. 495, § 1; § 30-5A-1; Act 2011-691, p. 2113, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-141

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-141. Definitions.

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) DOMESTIC VIOLENCE ORDER. A domestic violence order is any protection order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive. The term includes the following: a. A restraining order, injunctive order, or order of release from custody which has been issued in a circuit, district, municipal, or juvenile court in a domestic relations or family violence case; b. an order issued by municipal, district, or circuit court which places conditions on the pre-trial release on defendants in criminal cases, including provisions of bail pursuant to Section 15-13-190; c. an order issued by another state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining or protection orders not issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.

(2) VIOLATION. The knowing commission of any act prohibited by a domestic violence order or any willful failure to abide by its terms.

CREDIT(S)

(Acts 1993, No. 93-325, p. 495, § 2; § 30-5A-2; Act 2011-691, p. 2113, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-142

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-142. Violations; penalties.

(a) A violation of a domestic violence order, is a Class A misdemeanor which shall be punishable as provided by law.

(b) A second conviction for violation of a domestic violence order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may not be suspended. A third or subsequent conviction shall, in addition to any other penalty or fine, be punishable by a minimum sentence of 120 days imprisonment which may not be suspended.

CREDIT(S)

(Acts 1993, No. 93-325, p. 495, § 3; Acts 1996, No. 96-527, p. 684, § 1; § 30-5A-3; Act 2011-691, p. 2113, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-143

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-143. Arrest for violation of article.

A law enforcement officer may arrest any person for the violation of this article if the officer has probable cause to believe that the person has violated any provision of a valid domestic violence order, whether temporary or permanent. The presentation of a domestic violence order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this article, the order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the domestic violence order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid domestic violence order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, a domestic violence order shall constitute prima facie evidence of the validity of the order.

If a law enforcement officer of this state determines that an otherwise valid domestic violence order cannot be enforced because the defendant has not been notified or served with the domestic violence order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order's provisions before enforcing the order. In the event the law enforcement officer provides notice of the domestic violence order to the defendant, the officer shall document this fact in the written report.

CREDIT(S)

(Acts 1993, No. 93-325, p. 495, § 4; § 30-5A-4; Act 2011-691, p. 2113, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 8, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 8. . Human Trafficking.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-150

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-150. Short title.

This article shall be known and may be cited as the Representatives Jack Williams and Merika Coleman Act.

CREDIT(S)

(Act 2010-705, p. 1708, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-151

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-151. Definitions.

As used in this article, the following terms shall have the following, or any combination of the following, meanings ascribed to them by this section:

(1) COERCION. Any of the following:

a. Causing or threatening to cause physical injury or mental suffering to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer physical injury or mental suffering.

b. Implementing any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in physical injury, mental suffering, or physical restraint of any person.

c. Destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's or any person's actual or purported government records, immigration documents, identifying information, or personal or real property.

d. Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal prosecution, criminal or immigration proceedings, hatred, contempt, or ridicule.

e. Threatening to report the person or another person to immigration officials or to other law enforcement officials or otherwise blackmailing or extorting the person or another person.

f. Controlling a person's access to a controlled substance, as the term is defined in Section 20-2-2.

g. Rape or sodomy or threatened rape or sodomy of any person, as defined in Title 13A.

(2) DECEPTION. Any of the following:

a. Creating or confirming an impression of any existing fact or past event which is false and which the accused knows or believes to be false.

b. Exerting financial control over the person or another person by placing the person or another person under the actor's control as a security or payment of a debt, if the value of the services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined or the principal amount of the debt does not reasonably reflect the value of the items or services for which debt was incurred or by preventing a person from acquiring information pertinent to the disposition of the debt, referenced in this paragraph.

c. Promising benefits or the performance of services which the accused does not intend to be delivered. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this article.

d. Using any scheme, plan, or pattern, whether overt or subtle, intended to cause any person to believe that, if the person did not perform such labor, services, acts, or performances, the person or another person would suffer physical injury or mental suffering.

(3) LABOR SERVITUDE. Work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception.

(4) MENTAL SUFFERING. A high degree of mental pain or emotional disturbances, such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. It is more than mere disappointment, anger, resentment, wounded pride, or embarrassment and must be a direct result of the crime of human trafficking.

(5) MINOR. A person under the age of 18.

(6) PHYSICAL INJURY. Impairment of physical condition or substantial pain.

(7) SEXUAL SERVITUDE. Any of the following:

a. Any sexual conduct as defined in subdivision (3) of Section 14-11-30, for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception from a person.

b. Sexual conduct includes:

1. Sexually explicit performances, meaning an act or show intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, videotaped, or projected over the Internet.

2. Commercial sex acts, meaning any sex act on account of which anything of value is given, promised to, or received, directly or indirectly, by any person.

3. Acts defined in subdivision (3) of Section 14-11-30.

(8) TRAFFICKING VICTIM. Any person, including minors, subjected to labor servitude, sexual servitude, or involuntary servitude.

CREDIT(S)

(Act 2010-705, p. 1708, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-152

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-152. Human trafficking in the first degree.

(a) A person commits the crime of human trafficking in the first degree if:

(1) He or she knowingly subjects another person to labor servitude or sexual servitude through use of coercion or deception.

(2) He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude.

(3) For purposes of this section, it is not required that the defendant have knowledge of a minor victim's age, nor is reasonable mistake of age a defense to liability under this section.

(4) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.

(5) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class C felony.

(b) Human trafficking in the first degree is a Class A felony.

CREDIT(S)

(Act 2010-705, p. 1708, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-153

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-153. Human trafficking in the second degree.

(a) A person commits the crime of human trafficking in the second degree if:

(1) A person knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude.

(2) A person knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude.

(3) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.

(4) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class A misdemeanor.

(b) Human trafficking in the second degree is a Class B felony.

CREDIT(S)

(Act 2010-705, p. 1708, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-154

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-154. Evidence of certain facts or conditions not deemed a defense.

Evidence of the following facts or conditions shall not constitute a defense in a prosecution for human trafficking in the first or second degree, nor shall the evidence preclude a finding of a violation:

(1) A human trafficking victim's sexual history or history of commercial sexual activity.

(2) A human trafficking victim's connection by blood or marriage to a defendant in the case or to anyone involved in the victim's trafficking.

(3) Consent of or permission by a victim of human trafficking or anyone else on the victim's behalf to any commercial sex act or sexually explicit performance.

(4) Age of consent to sex, an act defined by paragraph b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age of marriage, or other discretionary age.

(5) Mistake as to the human trafficking victim's age, even if the mistake is reasonable.

CREDIT(S)

(Act 2010-705, p. 1708, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-155

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-155. Mandatory restitution.

(a) A person or entity convicted of any violation of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial, or law enforcement entity, with the proceeds from property forfeited under Section 13A-6-156 applied first to payment of restitution. Restitution under this section shall include items covered under Article 4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and any of the following:

(1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion.

(2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion.

(3) Cost of the investigation and prosecution, attorney's fees, and other court-related costs such as victim advocate fees.

(4) The greater of a. the value of the human trafficking victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act; or b. the gross income or value to the defendant of the victim's labor servitude or sexual servitude engaged in by the victim while in the human trafficking situation.

(5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair.

(6) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his or her associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim.

(7) Any and all other losses suffered by the victim as a result of any violation of this article.

(b) For purposes of this section, the return of the victim to his or her home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution.

CREDIT(S)

(Act 2010-705, p. 1708, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-156

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-156. Forfeiture of profits or proceeds and interest in property.

A person who commits the offense of human trafficking in the first degree or human trafficking in the second degree shall forfeit to the State of Alabama any profits or proceeds and any interest in property that he or she has acquired or maintained that the sentencing court determines to have been acquired or maintained as a result of committing human trafficking in the first degree or human trafficking in the second degree. Any assets seized shall first be used to pay restitution to trafficking victims and subsequently to pay any damages awarded to victims in a civil action. Any remaining assets shall go toward the cost of the investigation and prosecution and the remaining assets shall be remitted to funding the Alabama Crime Victims Compensation Fund.

CREDIT(S)

(Act 2010-705, p. 1708, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-157

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-157. Civil action by victim; relief awarded.

An individual who is a victim of human trafficking may bring a civil action in the appropriate state court. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded on proof of actual damages where defendant's acts were willful and malicious.

CREDIT(S)

(Act 2010-705, p. 1708, § 8.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-158

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-158. Limitation period.

(a)(1) An action for an offense defined by this article where the victim is not a minor shall be brought within five years from the date the victim was removed or escaped from the human trafficking situation.

(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until such time as the victim has reached the age of 18 years.

(3) The running of the statute of limitations shall be suspended where a person entitled to bring a claim of an offense defined by this article could not have reasonably discovered the crime due to circumstances resulting from the human trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.

(b) Any statute of limitation period imposed for the filing of a civil action under this article will not begin to run until the plaintiff discovers both that the sex trade act occurred and that the defendant caused, was responsible for, or profited from the sex trade act.

(1) If the plaintiff is a minor, then the limitation period will not commence running until he or she has reached the age of majority.

(2) If the plaintiff is under a disability at the time the cause of action accrues, so that it is impossible or impractical for him or her to bring an action, then the time of the disability is not part of the time limited for the commencement of the action. Disability includes, but is not limited to, insanity, imprisonment, or other incapacity or incompetence.

(3) If the plaintiff's injury is caused by two or more acts that are part of a continuing series of sex trade acts by the same defendant, then the limitation period will not commence running until the last sex trade act in the continuing series occurs.

(4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, then the time when these acts occur will not be part of the time limited for the commencement of this action.

CREDIT(S)

(Act 2010-705, p. 1708, § 9.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-159

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-159. Affirmative defense.

In a prosecution for prostitution, or a sexually explicit performance defined in this article, of a human trafficking victim for the victim's illegal acts engaged in or performed as a result of labor servitude or sexual servitude, it shall be an affirmative defense that the person was a victim of human trafficking.

CREDIT(S)

(Act 2010-705, p. 1708, § 10.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-160

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8. . Human Trafficking. (Refs & Annos)

§ 13A-6-160. Concurrent prosecuting authority; separate offenses.

(a) District attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under this article and to perform any duty that necessarily appertains to this section.

(b) Each violation under this article shall constitute a separate offense.

CREDIT(S)

(Act 2010-705, p. 1708, § 11.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 6, Art. 8A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 8A. National Human Trafficking Resource Center Hotline Notice.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-6-170

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 8A. National Human Trafficking Resource Center Hotline Notice. (Refs & Annos)

§ 13A-6-170. Posting of National Human Trafficking Resource Center Hotline in certain establishments.

(a) All persons owning any establishment that requires a liquor license or alcoholic beverage license, and that does not also have a food or beverage permit, or both; any hotel that has been cited as a nuisance as defined in Sections 13A-12-110 to 13A-12-122, inclusive; any massage parlor where an employee has been cited with violating Section 45-13-41, or where the establishment has been cited as a nuisance as defined in Section 6-5-140; any airport, train station, or bus station; and any business that provides entertainment commonly called stripteasing or topless entertaining or entertainment that has employees who are not clad both above and below the waist shall post in a location conspicuous to the public at the entrance of the business or where such posters and notices are customarily posted, a poster of no smaller than 8 1/2 by 11 inches in size that states the following:

“If you or someone you know is being forced to engage in any activity and cannot leave--whether it is commercial sex, housework, farm work, or any other activity--call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.

“(1) Victims of human trafficking are protected under U.S. law.

“(2) The Toll-free Hotline is:

“a. Available 24 hours a day, 7 days a week.

“b. Operated by a nonprofit, nongovernmental organization.

“c. Anonymous and confidential.

“d. Accessible in 170 languages.

“e. Able to provide help, referral to services, training, and general information.”

This subsection shall not apply to businesses providing entertainment in theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value.

(b) The poster shall be available on the Internet website of all of the following:

(1) The Alabama Alcoholic Beverage Control Board where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located.

(2) The Alabama Public Service Commission.

(3) The Alabama Department of Labor.

(c) The owners shall print the poster from any of the Internet websites in subsection (b) or ask that the poster be mailed for the cost of printing and first class postage and post the sign in compliance with subsection (a).

(d) The Alcoholic Beverage Control Board, the Public Service Commission, and the Department of Labor shall post the sign on its Internet site in English, Spanish, and any other language deemed appropriate by the Commissioner of Labor. The owners shall obtain and post the posters in English, Spanish, and any other languages deemed appropriate by the Commissioner of Labor.

(e) The Alcoholic Beverage Control Board, the Public Service Commission, and the Department of Labor shall provide each applicable business or establishment with notice of mandatory compliance of this section.

(f) A person who violates this section shall be subject to a warning on the first violation and a fine not to exceed fifty dollars ($50) for each subsequent violation. The violation or noncompliance with this section, and each day's continuance thereof, shall constitute a separate and distinct violation.

CREDIT(S)

(Act 2012-265, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-1. Definitions.

The following definitions are applicable to this article:

(1) PREMISES.Such term includes any “building,” as herein defined, and any real property.

(2) BUILDING.Any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, and such term includes any vehicle, aircraft or watercraft used for the lodging of persons or carrying on business therein, and such term includes any railroad box car or other rail equipment or trailer or tractor trailer or combination thereof. Where a building consists of two or more units separately occupied or secure, each shall be deemed both a separate building and a part of the main building.

(3) DWELLING.A building which is used or normally used by a person for sleeping, living or lodging therein.

(4) ENTER OR REMAIN UNLAWFULLY. A person “enters or remains unlawfully” in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privileges unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2601; Acts 1983, No. 83-742, p. 1222.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-2. Criminal trespass in the first degree.

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.

(b) Criminal trespass in the first degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2605.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-3. Criminal trespass in the second degree.

(a) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.

(b) Criminal trespass in the second degree is a Class C misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2606.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-4. Criminal trespass in the third degree.

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(b) Criminal trespass in the third degree is a violation.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2607.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-4.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-4.1. Criminal trespass by motor vehicle.

(a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a uniformed law enforcement officer or by a properly identified owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if:

(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces, then by at least one such sign for every 150 parking spaces, each such sign shall be substantially as follows:

Notice

Private Property

Entry restricted to our tenants, their customers, employees and invitees. Remaining after proper use is prohibited. Violators may be charged with trespassing.

Owner of Shopping Center

(2) And the motor vehicle is parked, is standing, or is being operated other than for the purpose of:

a. Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;

b. Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;

c. Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or

d. Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.

(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine:

(1) Not to exceed $50.00 for the first such offense;

(2) Not to exceed $100.00 for the second such offense; and

(3) Not to exceed $150.00 for the third or subsequent such offense.

CREDIT(S)

(Acts 1990, No. 90-664, p. 1280, §§ 1, 2.)

Current through Act 2013-172 of the 2013 Regular Session.

END OF DOCUMENT

Ala.Code 1975 § 13A-7-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-5. Burglary in the first degree.

(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:

(1) Is armed with explosives; or

(2) Causes physical injury to any person who is not a participant in the crime; or

(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

(b) Burglary in the first degree is a Class A felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2610; Acts 1979, No. 79-471, p. 862, § 1; Act 2006-198, p. 286, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-6

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-6. Burglary in the second degree.

(a) A person commits the crime of burglary in the second degree if he or she knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:

(1) Is armed with explosives; or

(2) Causes physical injury to any person who is not a participant in the crime; or

(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

(b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in the second degree if he or she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2611; Acts 1978, No. 770, p. 1110, § 1; Acts 1979, No. 79-471, p. 862, § 1; Act 2006-198, p. 286, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-7

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-7. Burglary in the third degree.

(a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

(b) Burglary in the third degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2612; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-8

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 1. . Burglary and Criminal Trespass.

§ 13A-7-8. Possession of burglar's tools.

(a) A person commits the crime of possession of burglar's tools if he:

(1) Possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and

(2) Intends to use the thing possessed in the commission of an offense of the nature described in subdivision (a) (1) of this section.

(b) Possession of burglar's tools is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2615.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 7, Art. 2, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-20

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-20. Definitions.

The definitions contained in Sections 13A-7-40 and 13A-8-1 are applicable in this article unless the context otherwise requires.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2701.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-21

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-21. Criminal mischief in the first degree.

(a) A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property:

(1) In an amount exceeding two thousand five hundred dollars ($2,500); or

(2) By means of an explosion.

(b) Criminal mischief in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2705; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-22

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-22. Criminal mischief in the second degree.

(a) A person commits the crime of criminal mischief in the second degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount which exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500).

(b) Criminal mischief in the second degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2706; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-23

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-23. Criminal mischief in the third degree.

(a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500).

(b) Criminal mischief in the third degree is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2707; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-23.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-23.1. Desecration, defacement, etc., of memorial of dead; invasion or mutilation of corpse.

(a) Any person who willfully or maliciously injures, defaces, removes, or destroys any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or any enclosure for the protection or ornamentation of any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead, or any person who willfully and wrongfully or maliciously destroys, removes, cuts, breaks, or injures any tree, shrub, plant, flower, decoration, or other real or personal property within any cemetery or graveyard shall be guilty of a Class A misdemeanor.

(b) Any person who willfully or maliciously desecrates, injures, defaces, removes, or destroys any tomb, monument, structure, or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains shall be guilty of a Class C felony and upon conviction the person shall be punished as provided by law.

(c) The provisions of subsections (a) and (b) shall not apply to any person holding a permit issued by the Alabama Historical Commission pursuant to subsection (d), to anyone operating a cemetery under standard rules and regulations and maintenance procedures, or to any person otherwise authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents, as described in subsections (a) and (b), nor shall subsections (a) and (b) apply to any person authorized to take any action on municipal property.

(d) The Alabama Historical Commission, to provide for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects, shall promulgate rules and regulations for the issuance of a permit and may issue a permit to persons or companies who seek to restore, preserve, or relocate human burial remains, human skeletal remains, funerary objects, or otherwise disturb, a place of burial.

CREDIT(S)

(Acts 1980, No. 80-706, p. 1424; Acts 1993, No. 93-770, § 1; Acts 1993, 1st Ex. Sess., No. 93-905, p. 201, § 1; Act 2010-723, p. 1798, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-24

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-24. (Final placement and text of 2013 legislation is subject to editorial action of the Code Commissioner) Criminal tampering -- Definitions.

The following definitions apply to Sections 13A-7-25 and 13A-7-26:

“(1) TAMPER. To improperly interfere, meddle with or make an unwarranted alteration in the condition of property of another.

“(2) PROPERTY. As used in the context of Sections 13A-7-25 and 13A-7-26, such term means any tangible or intangible property, real or personal, public or private, and includes the commodities and services of a utility nature, such as gas, electricity, steam and water.

“(3) UTILITY. An enterprise which provides gas, electric, steam, water, sewage, transportation or communication services, cable and broadband services, and any institution that provides health and safety protection or other public services; it may be either publicly or privately owned.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2710; Act 2013-74, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-25

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-25. (Final placement and text of 2013 legislation is subject to editorial action of the Code Commissioner) Criminal tampering in the first degree.

(a) A person commits the crime of criminal tampering in the first degree if the person does any of the following:

(1) Having no right to do so or any reasonable ground to believe that he or she has such a right, intentionally causes substantial interruption or impairment of a service rendered to the public by a utility.

(2) Threatens an individual with a deadly weapon or dangerous instrument with the intent to obstruct the operation of a utility. This subdivision only applies if the individual is working under the procedures and within the scope of his or her duties as an employee of the utility and has properly identified himself or herself when asked by stating his or her name, employer, and purpose of work.

(b) Criminal tampering in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2711; Act 2013-74, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-26

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-26. Criminal tampering in the second degree.

(a) A person commits the crime of criminal tampering in the second degree if, having no right to do so or any reasonable ground to believe that he has such a right, he:

(1) Intentionally tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or

(2) Intentionally tampers or makes connection with property of a utility.

(b) Criminal tampering in the second degree is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2712.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-27

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-27. Criminal use of noxious substance.

(a) A person commits the crime of criminal use of a noxious substance if he knowingly deposits on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant or offensive-smelling substance, with the intent to interfere with another's use of the land, building or vehicle.

(b) Criminal use of a noxious substance is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2715.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-28

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-28. Criminal possession of noxious substances.

(a) A person commits the crime of criminal possession of noxious substances if he possesses, manufactures or transports any stink bomb or device, irritant, offensive-smelling or injurious substance, and intends that the injurious article or substance be used in the commission of any crime.

(b) Criminal possession of noxious substances is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2720.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-29

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-29. Criminal littering.

(a) A person commits the crime of criminal littering if he or she engages in any of the following acts:

(1) Knowingly deposits in any manner litter on any public or private property or in any public or private waters, having no permission to do so. For purposes of this subdivision, any series of items found in the garbage, trash, or other discarded material including, but not limited to, bank statements, utility bills, bank card bills, and other financial documents, clearly bearing the name of a person shall constitute a rebuttable presumption that the person whose name appears thereon knowingly deposited the litter. Advertising, marketing, and campaign materials and literature shall not be sufficient to constitute a rebuttable presumption of criminal littering under this subsection.

(2) Negligently deposits in any manner glass or other dangerously pointed or edged objects on or adjacent to water to which the public has lawful access for bathing, swimming, or fishing, or on or upon a public highway, or within the right-of-way thereof.

(3) Discharges sewage, oil products, or litter from a watercraft vessel of more than 25 feet in length into a river, inland lake, or stream within the state or within three miles of the shoreline of the state.

(4)a. Drops or permits to be dropped or thrown upon any highway any destructive or injurious material and does not immediately remove the same or cause it to be removed; or

b. Removes a wrecked or damaged vehicle from a highway and does not remove glass or other injurious substance dropped upon the highway from such vehicle.

(b) “Litter” means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, or any foreign substance of whatever kind and description, and whether or not it is of value. Any agricultural product in its natural state that is unintentionally deposited on a public highway, road, street, or public right-of-way shall not be deemed litter for purposes of this section or Section 32-5-76. Any other law or ordinance to the contrary notwithstanding, the unintentional depositing of an agricultural product in its natural state on a public highway, road, street, or right-of-way shall not constitute unlawful littering or any similarly prohibited activity.

(c) It is no defense under subsections (a)(3) and (a)(4) that the actor did not intend, or was unaware of, the act charged.

(d) Criminal littering is a Class C misdemeanor. The minimum fine for the first conviction shall be two hundred fifty dollars ($250), and the fine for the second and any subsequent conviction shall be five hundred dollars ($500) for each conviction.

(e) The fine from such conviction shall be awarded and distributed by the court to the municipal, and/or county, and/or State General Fund, following a determination by the court of whose law enforcement agencies or departments have been a participant in the arrest or citation resulting in the fine. Such award and distribution shall be made on the basis of the percentage as determined by the court, which the respective agency or department contributed to the police work resulting in the arrest, and shall be spent by the governing body on law and litter enforcement purposes only.

(f) No action for criminal littering based on evidence that creates a rebuttable presumption under subsection (a)(1) shall be brought against a person by or on behalf of a county or municipal governing body unless he or she has been given written notice by a designee of the governing body that items found in an accumulation of garbage, trash, or other discarded materials contain his or her name, and that, under subsection (a)(1), there is a rebuttable presumption that he or she knowingly deposited the litter. The notice shall advise the person that criminal littering is a Class C misdemeanor, and shall provide that, unless the person can present satisfactory information or evidence to rebut the presumption to the designee of the governing body within 15 days from the date of the notice, an action for criminal littering may be filed against him or her in the appropriate court. If the person responds to the notice and presents information or evidence to the designee of the governing body, the designee shall review the information or evidence presented and make a determination as to whether or not an action should be brought against the person for criminal littering. The designee shall provide written notice to the person of its determination, and if the intent is to proceed with an action for criminal littering, the notice shall be sent before any action is filed.

(g) Upon approval of the county commission, the county license inspector employed under Section 40-12-10 shall have the same authority to issue citations against persons violating this section as county license inspectors have with regard to persons violating revenue laws as provided in Section 40-12-10. In addition, the county solid waste officer, as defined in subsection (b) of Section 22-27-3, shall have the same authority to issue citations against persons violating this section as solid waste officers have with regard to persons violating the Solid Wastes Disposal Act pursuant to subsection (b) of Section 22-27-3.

(h) Nothing herein shall authorize a county license inspector or solid waste officer to take any person into custody pursuant to this section unless the inspector or officer is a law enforcement officer employed by a law enforcement agency as defined in Section 36-21-40.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2725; Acts 1990, No. 90-585, p. 1020; Acts 1997, No. 97-712, p. 1475, § 1; Act 98-494, p. 954, § 1; Act 2001-469, p. 623, § 1; Act 2010-260, p. 468, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 7, Art. 3, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-40

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-40. Definitions.

The following definitions are applicable to this article:

(1) BUILDING.As used in this article, such term means any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, and includes any vehicle, railway car, aircraft or watercraft used for the lodging of persons or for carrying on business therein. Where a building consists of two or more units separately secured or occupied, each unit shall not be deemed a separate building.

(2) EXPLOSIVES.Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by detonator or by chemical action of any part of the compound or mixture may cause a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(3) EXPLOSION.A rapid, sudden and violent expansion of air or relinquishment of energy with resultant pressures that are capable of producing destructive effects on contiguous objects or of destroying life or limb. “Explosion” includes, but is not limited to, a sudden and rapid combustion, causing violent expansion of the air, or the sudden bursting or breaking up or in pieces from an internal or other force. “Explosion” is not limited to cases caused by combustion or fire, but it may result from decomposition or chemical action.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2801.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-41

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-41. Arson in the first degree.

(a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when:

(1) Another person is present in such building at the time, and

(2) The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility.

(b) Arson in the first degree is a Class A felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2805.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-42

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-42. Arson in the second degree.

(a) A person commits the crime of arson in the second degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion.

(b) A person does not commit a crime under subsection (a) if:

(1) No person other than himself has a possessory or proprietary interest in the building damaged; or if other persons have those interests, all of them consented to his conduct; and

(2) His sole intent was to destroy or damage the building for a lawful and proper purpose.

(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.

(d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in Section 13A-10-30, with reckless disregard (because of the nature or extent of the damage caused or which would have been caused but for the intervention of others) for the safety of others.

(e) Arson in the second degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2806; Acts 1983, 2nd Ex. Sess., No. 83-177, p. 346.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-43

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-43. Arson in the third degree.

(a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion.

(b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building.

(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.

(d) Arson in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2807.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-44

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-44. Criminal possession of explosives. Repealed by Act 2009-718, p. 2115, § 23, effective August 1, 2009.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-60

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 4. . Miscellaneous Offenses.

§ 13A-7-60. Unlawfully taking possession of or going back into possession of real estate after dispossession under legal process.

Any person having no title or bona fide claim of title thereto or right of possession, who enters upon any land, and on demand of the owner or person entitled to the possession thereof, refuses to surrender such possession, or any person or his privy, who, having been dispossessed of any real estate by an officer under legal process from any court having jurisdiction of the subject matter; or any person or his privy, who voluntarily surrenders possession of the lands as a result of a judgment of a court of competent jurisdiction and goes back into the possession of such real estate by force or otherwise; or who, having regained possession of such real estate, holds the same by force or threats without having been restored to the possession of such real estate by an order of a court of competent jurisdiction, shall, on conviction, be fined not less than $200.00 nor more than $1,000.00, and imprisoned in the county jail for not less than six months; and one half of the fine shall go to the person for whose benefit the writ of possession is issued.

CREDIT(S)

(Code 1896, § 5608; Code 1907, § 7829; Code 1923, § 5556; Code 1940, T. 14, § 428; Code 1975, § 13-2-102.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-61

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 4. . Miscellaneous Offenses.

§ 13A-7-61. Allowing stock to run at large under common fence.

Any one of several persons occupying or cultivating lands under a common fence who turns stock of any kind into such inclosure, or knowingly suffers such stock to go at large therein without the consent of all the persons owning or cultivating such lands, shall, on conviction, be punished by a fine of not less than $5.00 nor more than $50.00, and also the amount of damages inflicted by the stock, which damages shall be held as a part of the penalty imposed by the court, and shall go to the party injured.

Whenever a conviction shall be had under this section, unless the full amount of the penalty is immediately paid, it shall be the duty of the sheriff, or other officer charged with the execution of the judgment of the court, to seize and hold the stock committing the trespass, and after giving five days' notice by posting at three or more public places in the neighborhood, to sell the same, and out of the proceeds to collect the amount of such penalty and costs; and the surplus shall be paid to the owner of such stock.

CREDIT(S)

(Code 1876, §§ 4414, 4415; Code 1886, §§ 3878, 3879; Code 1896, §§ 5614, 5615; Code 1907, §§ 7835, 7836; Code 1923, §§ 5562, 5563; Code 1940, T. 14, §§ 434, 435; Code 1975, § 13-2-106.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 7, Art. 5, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 5. . Looting.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-80

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 5. . Looting. (Refs & Annos)

§ 13A-7-80. Definitions; penalties.

(a) For the purposes of this section, the following words have the following meaning:

(1) BUILDING. Any structure that may be entered and utilized by persons for business, public use, lodging, or the storage of goods. The term includes any vehicle, aircraft, or watercraft used for the lodging of persons or carrying on business therein and includes any railroad boxcar or other rail equipment or trailer or tractor trailer, or combination thereof. Where a building consists of two or more units separately occupied or secure, each shall be deemed both a separate building and a part of the main building.

(2) STATE OF EMERGENCY. When the Governor duly proclaims the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by fire, flood, storm, epidemic, technological failure or accident, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism, man-made disaster, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city, or county and city and require the combined forces of a mutual aid region or regions to combat or an energy shortage which requires extraordinary measures beyond the authority vested in the Alabama Public Service Commission.

(b) A person commits the crime of looting if the person intentionally enters without authorization any building or real property during a state of emergency and obtains, exerts control over, damages, or removes the property of another person without lawful authority.

(d) The fact that a person may be subject to prosecution under this section shall not bar his or her prosecution or punishment for any other offense.

CREDIT(S)

(Act 2012-316, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 1, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-1. Definitions generally.

The following definitions are applicable in this article unless the context otherwise requires:

(1) DECEPTION occurs when a person knowingly:

a. Creates or confirms another's impression which is false and which the defendant does not believe to be true; or

b. Fails to correct a false impression which the defendant previously has created or confirmed; or

c. Fails to correct a false impression when the defendant is under a duty to do so; or

d. Prevents another from acquiring information pertinent to the disposition of the property involved; or

e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property when the defendant is under a duty to do so, whether that impediment is or is not valid, or is not a matter of official record; or

f. Promises performance which the defendant does not intend to perform or knows will not be performed. Failure to perform, standing alone, however, is not proof that the defendant did not intend to perform.

The term “deception” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons. “Puffing” means an exaggerated commendation of wares or services.

(2) To “DEPRIVE...” means:

a. To withhold property or cause it to be withheld from a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or

b. To dispose of the property so as to make it unlikely that the owner would recover it; or

c. To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

d. To sell, give, pledge, or otherwise transfer any interest in the property; or

e. To subject the property to the claim of a person other than the owner.

(3) FINANCIAL INSTITUTION. A bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

(4) FIREARM. A weapon from which a shot is discharged by gunpowder.

(5) GOVERNMENT. The United States, any state or any county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty.

As used in this definition “state” includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(6) OBTAINS. Such term means:

a. In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or

b. In relation to labor or service, to secure performance thereof.

(7) OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS UNAUTHORIZED CONTROL over property includes but is not necessarily limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of, property, and includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses.

(8) OWNER. A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.

A secured party, as defined in Section 7-9A-102(a)(72), is not an owner in relation to a defendant who is a debtor, as defined in Section 7-9A-102(a)(28), in respect of property in which the secured party has a security interest, as defined in Section 7-1-201(37).

(9) PROPELLED VEHICLE. Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion.

(10) PROPERTY. Any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing on, affixed to, or found in land and documents, although the rights represented hereby have no physical location), contract right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing of value of any kind.

Commodities of a public utility nature, such as gas, electricity, steam, and water, constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property.

(11) RECEIVING. Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property.

(12) STOLEN. Obtained by theft, theft by appropriating lost property, robbery, or extortion.

(13) THREAT. A menace, however communicated, to:

a. Cause physical harm to the person threatened or to any other person; or

b. Cause damage to property; or

c. Subject the person threatened or any other person to physical confinement or restraint; or

d. Engage in other conduct constituting a crime; or

e. Accuse any person of a crime or cause criminal charges to be instituted against any person; or

f. Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or

g. Reveal any information sought to be concealed by the person threatened; or

h. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

i. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or

j. Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

k. Do any other act which would not in itself substantially benefit the actor but which is calculated to harm substantially another person with respect to his or her health, safety, business, calling, career, financial condition, reputation, or personal relationships.

(14) VALUE. The market value of the property at the time and place of the criminal act.

Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities shall be evaluated as follows:

a. The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

b. The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

When the value of property cannot be ascertained pursuant to the standards set forth above, its value shall be deemed to be an amount not exceeding five hundred dollars ($500).

Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense; provided, that only one conviction may be had and only one sentence enforced for all thefts included in such aggregate.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3280; Acts 1978, No. 770, p. 1110; Act 2001-481, p. 647, § 2; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-2. Theft of property -- Definition.

A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3201; Act 2003-355, p. 962, § 1; Act 2004-297, p. 419, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-3. Theft of property in the first degree.

(a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree.

(b) The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree.

(c)(1) The theft of property which involves all of the following constitutes theft of property in the first degree:

a. The theft is a common plan or scheme by one or more persons; and

b. The object of the common plan or scheme is to sell or transfer the property to another person or business that buys the property with knowledge or reasonable belief that the property is stolen; and

c. The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period.

(2) If the offense under this subsection involves two or more counties, prosecution may be commenced in any one of those counties in which the offense occurred or in which the property was disposed.

(d) Theft of property in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3202; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, § 1; Act 2006-561, p. 1298, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-4. Theft of property in the second degree.

(a) The theft of property which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, constitutes theft of property in the second degree.

(b) Theft of property in the second degree is a Class C felony.

(c) The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the second degree.

(d) The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree.

(e) The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value, constitutes theft of property in the second degree.

(f) The theft of any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value, constitutes theft of property in the second degree.

(g) Notwithstanding subsection (a), the theft of property which exceeds two hundred fifty dollars ($250) in value but does not exceed two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, where the defendant has previously been convicted of a theft of property in the first or second degree or receiving stolen property in the first or second degree, constitutes theft of property in the second degree.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3203; Acts 1978, No. 770, p. 1110, § 1; Acts 1979, No. 79-471, p. 862, § 1; Acts 1992, 2nd Ex. Sess., No. 92-682, p. 68, § 1; Act 2003-355, p. 962, § 1; Act 2004-627, p. 1421, § 1; Act 2006-297, p. 608, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-5. Theft of property in the third degree.

(a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the third degree.

(b) Theft of property in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3204; Acts 1978, No. 770, p. 1110; Acts 1992, 2nd Ex. Sess., No. 92-682, p. 68, § 2; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-6

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-6. Theft of lost property -- Definition.

A person commits the crime of theft of lost property if he actively obtains or exerts control over the property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or the amount of the property, and with intent to deprive the owner permanently of it, he fails to take reasonable measures to discover and notify the owner.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3205.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-7

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-7. Theft of lost property in the first degree.

(a) The theft of lost property which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the first degree.

(b) Theft of lost property in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3206; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-8

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-8. Theft of lost property in the second degree.

(a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the second degree.

(b) Theft of lost property in the second degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3207; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-9

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-9. Theft of lost property in the third degree.

(a) The theft of lost property which does not exceed five hundred dollars ($500) in value constitutes theft of lost property in the third degree.

(b) Theft of lost property in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3208; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-10

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-10. Theft of services -- Definition.

(a) A person commits the crime of theft of services if:

(1) He intentionally obtains services known by him to be available only for compensation by deception, threat, false token or other means to avoid payment for the services; or

(2) Having control over the disposition of services of others to which he is not entitled, he knowingly diverts those services to his own benefit or to the benefit of another not entitled thereto.

(b) “Services” includes but is not necessarily limited to labor, professional services, transportation, telephone or other public services, accommodation in motels, hotels, restaurants or elsewhere, admission to exhibitions, computer services and the supplying of equipment for use.

(c) Where compensation for services is ordinarily paid immediately upon the rendering of them, as in the case of motels, hotels, restaurants and the like, absconding without payment or bona fide offer to pay is prima facie evidence under subsection (a) that the services were obtained by deception.

(d) If services are obtained under subdivision (a) (1) from a hotel, motel, inn, restaurant or cafe, no prosecution can be commenced after 120 days from the time of the offense.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3210; Acts 1978, No. 770, p. 1110, § 1; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-10.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-10.1. Theft of services in the first degree.

(a) The theft of services which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of services in the first degree.

(b) Theft of services in the first degree is a Class B felony.

CREDIT(S)

(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-10.2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-10.2. Theft of services in the second degree.

(a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value constitutes theft of services in the second degree.

(b) Theft of services in the second degree is a Class C felony.

CREDIT(S)

(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-10.3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-10.3. Theft of services in the third degree.

(a) The theft of services which does not exceed five hundred dollars ($500) in value constitutes theft of services in the third degree.

(b) Theft of services in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-10.4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-10.4. Theft of trademarks or trade secrets.

(a) For purposes of this section:

(1) ARTICLE.Any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.

(2) COPY.A facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.

(3) REPRESENTING.Describing, depicting, containing, constituting, reflecting, or recording.

(4) TRADE SECRET. The whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.

(5) TRADEMARK.Any word, name, symbol, or device adopted and used by any person or business entity to identify his goods or services, and to distinguish them from the goods or services of others.

(b) A person commits the crime of “theft of trade secrets or trademarks” if, without the owner's effective consent, he knowingly:

(1) Steals a trade secret;

(2) Makes a copy of an article representing a trade secret;

(3) Communicates or transmits a trade secret;

(4) Makes a copy or reproduction of a trademark for any commercial purpose; or

(5) Sells an article on which a trademark is reproduced knowing said trademark was used without the owner's consent.

CREDIT(S)

(Acts 1983, No. 83-563, p. 864; Acts 1984, No. 84-278, p. 465, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-11

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-11. Unauthorized use of vehicle; unlawful breaking and entering a vehicle.

(a) A person commits the crime of unauthorized use of a vehicle if:

(1) Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle; or

(2) Having custody of propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, he intentionally uses or operates it, without the consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or

(3) Having custody of a propelled vehicle pursuant to an agreement with the owner thereof whereby it is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement.

(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony.

(b) A person commits the crime of unlawful breaking and entering a vehicle if, without the consent of the owner, he breaks into and enters a vehicle or any part of a vehicle with the intent to commit any felony or theft. For the purposes of this section, “enters” means to intrude:

(1) Any part of the body; or

(2) Any physical object connected with the body.

(3) Unlawful breaking and entering a vehicle is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3225; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-12

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-12. Defenses to prosecutions for theft and unauthorized use of vehicle.

(a) It is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him.

(b) The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3230; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-13

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-13. Extortion -- Definition.

A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3235.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-14

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-14. Extortion in the first degree.

(a) Extortion by means of a threat, as defined in paragraphs (13)a or (13)c of Section 13A-8-1, constitutes extortion in the first degree.

(b) Extortion in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3236.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-15

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-15. Extortion in the second degree.

(a) Extortion by means of a threat, as defined in paragraphs (13)b or (13)d through (13)k of Section 13A-8-1, constitutes extortion in the second degree.

(b) A person is not liable under this section for a threat, as defined in paragraph (13)e of Section 13A-8-1, if he honestly claims the property as restitution or indemnification for harm done in the circumstances to which the threat relates, or as compensation for property or lawful services. The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3237.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-16

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-16. Receiving stolen property -- Definition.

(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.

(b) If a person:

(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or

(2) Possesses goods or property which have been recently stolen; or

(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.

(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3240; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-17

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-17. Receiving stolen property in the first degree.

(a) Receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree.

(b) Receiving stolen property in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3241; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-18

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-18. Receiving stolen property in the second degree.

(a) Receiving stolen property:

(1) Which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value; or

(2) Of any value under the circumstances described in subdivision (b)(3) of Section 13A-8-16; constitutes receiving stolen property in the second degree; or

(3) Notwithstanding subdivision (1) of subsection (a), receiving stolen property which exceeds two hundred fifty dollars ($250) in value but does not exceed two thousand five hundred dollars ($2,500) in value where the defendant has previously been convicted of theft of property in the first or second degree or receiving stolen property in the first or second degree, constitutes receiving stolen property in the second degree.

(b) Receiving stolen property in the second degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3242; Acts 1979, No. 79-471, p. 812, § 1; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-19

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-19. Receiving stolen property in the third degree.

(a) Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the third degree.

(b) Receiving stolen property in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3243; Acts 1979, No. 79- 471, p. 862, § 1; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-20

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-20. Bringing stolen property into this state.

Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere shall, on conviction, be punished as if he had stolen it in this state.

CREDIT(S)

(Code 1852, § 167; Code 1867, § 3713; Code 1876, § 4368; Code 1886, § 3793; Code 1896, § 5053; Code 1907, § 7328; Code 1923, § 4911; Code 1940, T. 14, § 337; Code 1975, § 13-3-54.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-21

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-21. Bringing into state property obtained by false pretense elsewhere.

Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false pretense, with intent to defraud, shall, on conviction, be punished as if he had stolen the same.

CREDIT(S)

(Code 1886, § 3818; Code 1896, § 4736; Code 1907, § 6926; Code 1923, § 4140; Code 1940, T. 14, § 218; Code 1975, § 13-3-96.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-22

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-22. Obscuring identity of vehicle.

(a) A person commits the crime of obscuring identity of a vehicle if:

(1) He obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle or component part thereof, except tires, with intent to render it unidentifiable; or

(2) He possesses a vehicle or component part thereof knowing that the manufacturer's serial number or other identification number or mark has been obscured unless he legally acquired ownership of the vehicle or part before the manufacturer's serial number was obscured or before he knew it was obscured.

(b) “Obscure” means to remove, deface, cover, alter, destroy or otherwise render unidentifiable.

(c) “Vehicle” means any propelled device in, upon or by which any person or property is transported on land, water or in the air, including stationary rails or tracks, and includes motor vehicles, motorboats, vessels and aircraft.

(d) Proof that a person has obscured the manufacturer's serial number or other distinguishing identification number or mark on a vehicle is prima facie evidence that he did so with the intent to render it unidentifiable within the meaning of subdivision (a)(1) of this section.

(e) Possession of a vehicle held for sale in the course of business on which the serial number or other identification number or mark has been obscured is prima facie evidence of knowledge of that fact.

(f) A report by the defendant to the police or other appropriate government agency before arrest is a defense to a charge of violating subdivision (a)(2) of this section. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

(g) Obscuring identity of a vehicle is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3250; Acts 1978, No. 770, p. 1110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-23

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1. . Theft and Related Offenses. (Refs & Annos)

§ 13A-8-23. Tampering with availability of gas, electricity, or water.

(a) The following terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:

(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant by the entirety of the whole or part of any building.

(2) PERSON. Includes a corporation, firm, company, or association.

(3) TENANT or OCCUPANT. Shall include any person who occupies the whole or a part of any building whether alone or with others and shall include the owner.

(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas, or water or any combination thereof for sale to consumers in any particular service area.

(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its customers.

(b) It shall be unlawful for a tenant, occupant, or any other person to commit any of the following acts which could, or in fact does, make gas, electricity, or water unlawfully available to such tenant, occupant, or person, or to another:

(1) To connect any tube, pipe, wire, or other instrument with any meter, device, or other instrument used for conducting gas, electricity, or water in such a manner as to permit the use of said gas, electricity, or water without the same passing through a meter or other instrument recording the usage for billing.

(2) To alter, injure, turn on, or prevent the action of a meter, valve, stopcock, or other instrument used for measuring quantities of gas, electricity, or water.

(3) To break, deface, or cause to be broken or defaced any seal, locking device, or other parts that make up a metering device for recording usage of gas, electricity, or water or a security system for the recording device.

(4) To remove a metering device for measuring quantities of gas, electricity, or water.

(5) To transfer from one location to another a metering device for measuring utilities of gas, electricity, or water.

(6) To use a metering device belonging to the utility that has not been assigned to the location and installed by the utility.

(7) To adjust the indicated consumption, to jam the measuring device, to bypass the meter or measuring device with a jumper so that it does not indicate use or registers incorrectly, or to otherwise obtain quantities of gas, electricity, or water from the utility without same passing through a metering device for measuring quantities of consumption for billing.

(8) To fabricate or to use a device to pick or otherwise tamper with the locks used to deter current diversion, meter tampering, and meter thefts.

(9) To otherwise take any action resulting in the diversion or unauthorized use of gas, electricity, or water.

(c) Any property on which it is found to have electric, gas, or water utilities tampered with in violation of this section and capable of receiving gas, electricity, or water as a result of the use of any method of diversion prohibited herein shall be prima facie evidence and create against the tenant, occupant, or other person a presumption of intent to tamper or divert in violation of this section.

(d) Any occupant, tenant, or other person who violates this section, and any person who aids and abets in such prohibited acts, who shall be deemed a principal to such acts, shall be guilty of a Class C felony if the theft amount exceeds five hundred dollars ($500) in value and a Class A misdemeanor if the theft amount is less than or equal to five hundred dollars ($500) in value, as provided by the state criminal code, and upon conviction, be punished as prescribed by law.

(e) The provisions of this section are supplemental to the provisions of the offense of theft of services as provided in Section 13A-8-10, and shall in no way repeal or modify Section 13A-8-10.

CREDIT(S)

(Acts 1986, No. 86-429, p. 795; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 1A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-30

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-30. Definitions.

As used in this article, the following terms have the following meanings:

(1) FERROUS METALS. Any metals containing significant quantities of iron or steel, excluding motor vehicles purchased in accordance with Section 32-8-87.

(2) LAW ENFORCEMENT OFFICER. A duly constituted and certified peace officer of the State of Alabama or of any county or municipality within the state.

(3) METAL PROPERTY. Metals as defined in this section as either ferrous or nonferrous metals.

(4) NONFERROUS METALS. Metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel beer kegs.

(5) PERSON. An individual, partnership, corporation, joint venture, trust, association, or any other legal entity.

(6) PERSONAL IDENTIFICATION CARD. A driver's license or identification card issued by the Department of Public Safety or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security.

(7) PHOTOGRAPH. A still photographic image, including an image captured in digital format, which is of such quality that the persons and objects depicted are identifiable.

(8) PURCHASE TRANSACTION. A transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property.

(9) SECONDARY METALS RECYCLER. Any person, whether licensed or not licensed, who is engaged, from a fixed location or otherwise, in the business of paying compensation for ferrous or nonferrous metals, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. The term does not include a pawnbroker licensed pursuant to Chapter 19A of Title 5, or a licensed automotive dismantler and parts recycler as defined in Section 40-12-410, unless the entities engage in the business of paying compensation for ferrous or nonferrous metals.

(10) VERIFIABLE DOCUMENTATION. Written evidence of ownership which may be verified, including, but not limited to, receipts, bills of sale, titles, certificates of title, purchase agreements, shipping manifests, work orders, etc.

CREDIT(S)

(Act 2007-451, p. 930, § 1; Act 2010-508, p. 836, § 1; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-31

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-31. Record of purchases.

(a) A secondary metals recycler shall maintain a legible record of all purchase transactions of ferrous or nonferrous metals to which the secondary metals recycler is a party. The record shall include all of the following information:

(1) The name and address of the secondary metals recycler.

(2) The name or identification of the employee responsible for making the purchase on behalf of the secondary metals recycler.

(3) The date and time of the transaction.

(4) The weight, quantity, or volume and a description of the type of metal property purchased in a purchase transaction. For purposes of this subdivision, the term “type of metal property” shall include a general physical description, such as wire, tubing, extrusions, or casting.

(5) The amount of consideration given in a purchase transaction for the metal property.

(6) A signed statement from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the metal property or is authorized to sell the metal property being sold.

(7) The name and address of the person delivering the metal property to the secondary metals recycler.

(8) A photocopy or scanned copy of the personal identification card of the person delivering the metal property to the secondary metals recycler, including the distinctive number from, and type of, the personal identification card of the person delivering the metal property to the secondary metals recycler.

(9) The vehicle license tag number and state of issue, or the vehicle identification number if no vehicle license tag is available, and the type of vehicle used to deliver the metal property to the secondary metals recycler. For purposes of this subdivision, the term “type of vehicle” shall mean an automobile, pickup truck, van, or truck.

(10) A digital photograph or video recording of the person delivering or receiving consideration for the metal property delivered to the secondary metals recycler in which the person's facial features are clearly visible and a photograph or video recording of the metal property as delivered or sold in which the type of metal property is identifiable. The time and date shall be digitally recorded on the photograph or video recording.

(b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) for not less than one year from the date of the purchase transaction.

(c) Any person who intentionally violates the requirements of subsections (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10 year period.

(d) It shall be unlawful for any person to give false information and receive money or other consideration from a secondary metals recycler in return for metal property. Any person in violation this subsection shall be guilty of a Class C felony.

CREDIT(S)

(Act 2007-451, p. 930, § 2; Act 2010-508, p. 836, § 1; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-31.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-31.1. Payment and purchase limitations.

(a) A secondary metals recycler may not enter into any cash transactions in excess of fifty dollars ($50) for copper, copper/aluminum air conditioning coils, or catalytic convertors, or any items described in subdivision (a)(2) or (a)(10) of Section 13A-8-37, or in excess of five hundred dollars ($500) for all other metals in payment for the purchase of metal property. Payment by check may be made payable only to the person whose information was recorded pursuant to Section 13A-8-31.

(b) It shall be unlawful for a secondary metals recycler to purchase metal property from a person younger than 18 years of age.

(d) Any person who intentionally violates the requirements of this section shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10 year period.

CREDIT(S)

(Act 2012-426, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-31.2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-31.2. Registration and reporting requirements.

(a) All secondary metals recyclers subject to this article shall register with the Alabama Criminal Justice Information Center (ACJIC) by August 31, 2012, and shall pay an annual registration fee of two hundred fifty dollars ($250) to ACJIC. In the event the electronic reporting system is not fully implemented by August 31, 2012, the record maintenance and reporting requirements of the current law shall remain in full force and effect until such time as the ACJIC electronic reporting system is fully implemented. The registration shall include the name of the business, address of the business, telephone number, and the name of the owner or owners of the business.

(b)(1) Prior to January 1, 2013, secondary metals recyclers shall continue to abide by any reporting requirements currently in effect and followed by the recyclers.

(2) Effective January 1, 2013, secondary metals recyclers shall enter the information required by subdivisions (1), (3), (4), (5), (7), and (9) of subsection (a) of Section 13A-8-31 into a database maintained by the ACJIC and shall transmit such information electronically to the database no later than 9:00 P.M. on the day of a purchase transaction. The ACJIC Commission in consultation with the members of the Alabama Recycling Association shall promulgate rules, regulations, and policies for the receipt and dissemination of the information in the database through ACJIC information systems. All information reported by secondary metals recyclers pursuant to this section shall be considered to be confidential and privileged and exempt from disclosure under Section 41-13-1. The ACJIC Commission shall ensure that adequate safeguards are incorporated and maintained so that the data may be accessed and used only by properly authorized law enforcement agencies for the purpose of investigating thefts of metal property. Any person releasing or using this data in an unauthorized manner shall be subject to the provisions of Section 13A-10-82.

(c) Any person who intentionally violates the requirements of this section shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10 year period.

CREDIT(S)

(Act 2012-426, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-32

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-32. Inspections.

During the usual and customary business hours of a secondary metals recycler, a law enforcement officer, after properly identifying himself or herself as a law enforcement officer, shall have the right to inspect:

(1) All purchased metal property in the possession of the secondary metals recycler.

(2) All records required to be maintained under Section 13A-8-31.

CREDIT(S)

(Act 2007-451, p. 930, § 3; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-33

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-33. Law enforcement officers authorized to place hold on certain sales of metals.

(a)(1) Whenever a law enforcement officer has reasonable suspicion to believe that any item of metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer, may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this section.

(2) Upon receipt of the notice, the secondary metals recycler may not process or remove the items of metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer.

(b)(1) No later than the expiration of the 15-day period, a law enforcement officer after receiving additional substantive evidence may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this section.

(2) Upon receipt of the extended hold notice, the secondary metals recycler may not process or remove the items of metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer.

(c) At the expiration of the hold period or, if extended in accordance with this section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the metal property unless other disposition has been ordered by a court of competent jurisdiction.

(d) Any person who intentionally violates the requirements of subsection (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10 year period.

CREDIT(S)

(Act 2007-451, p. 930, § 4; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-34

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-34. Contesting identification or ownership of metal property.

(a) If the secondary metals recycler contests the identification or ownership of the metal property, the party other than the secondary metals recycler claiming ownership of any metal property in the possession of the secondary metals recycler may, provided that a timely report of the theft of the metal property was made to the proper authorities, bring an action in the circuit court of the county in which the secondary metals recycler is located. The petition for the action shall include a description of the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the secondary metals recycler. If the person who sold the metal property to the secondary metals recycler is convicted of theft of property or criminal mischief related to the removal of the metal property, the court shall order the defendant to make full restitution to the victim including, without limitation, attorney fees, court costs, and property damage which resulted from the theft of property, and other expenses.

(b) When a lawful owner recovers stolen metal property from a secondary metals recycler who has complied with this article, and the person who sold the metal property to the secondary metals recycler is convicted of a violation of this article, or theft by receiving stolen property, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the secondary metals recycler.

CREDIT(S)

(Act 2007-451, p. 930, § 5; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-35

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-35. Exceptions.

This article shall not apply to purchases of metal property from any of the following:

(1) A law enforcement officer acting in an official capacity unless the law enforcement officer is investigating a compliance issue pursuant to this article or is presenting metal property for sale.

(2) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler.

(3) Any public official acting under a court order who has presented proof of such status to the secondary metals recycler.

(4) A sale or the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler.

(5) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.

(6) A municipal, county, state, federal, or other governmental entity.

(7) A utility company.

(8) A funeral home or the owner or operator of a cemetery.

CREDIT(S)

(Act 2007-451, p. 930, § 6; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-35.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-35.1. Liability for injuries.

(a) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property in any amount by the person or a third party.

(b) A public or private owner of metal property is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of the owner's metal property in any amount when the owner of the metal property did not know and could not have reasonably known of the dangerous condition.

(c) This section does not create or impose a duty of care upon an owner of metal property that would not otherwise exist under common law.

CREDIT(S)

(Act 2012-426, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-36

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-36. Damage or destruction of property.

(a) It is unlawful for a person with the intent to damage property and having no right to do so or any reasonable ground to believe that he or she has such a right, damages or destroys any of the following:

(1) Telecommunications, cable communications, or electric power transmission pedestal or pole owned or operated by a telecommunications, cable, or electric power company or cooperative, or electric power supplier, or railroad.

(2) Telecommunications, cable communications, or electric power grounding or any other equipment or materials used in the delivery of electricity, wire, fiber insulator, power supply transformer, ground wire, or other apparatus, equipment, or fixture used in the transmission of telecommunications, cable communications, or electric power owned or operated by a telecommunications, cable, or electric power company or cooperative, or electric power supplier, or railroad.

(3) Equipment used in the transmission of wireless communications or related to wireless communications.

(4) Equipment used at any facility of over the air broadcast companies.

(5) Railroad materials and lading, including, but not limited to, any rail telecommunications; cable communications; power and signal equipment and wires; road/rail crossing signals, equipment, and wires; metal property lading being transported by a railroad; and any railroad track and other operating materials, including switch component, spike, angle bar, tie plate or bolt of the type used in constructing railroads.

(6) Electric power line, gas line, water line, wire or fiber insulators, electric motors or other apparatus, heating and cooling systems, and environmental control systems that are connected to farm shops, on-farm grain drying and storage complexes, animal production facilities, irrigation systems, greenhouse facilities, or other agricultural, forestry, or food-related activities, equipment, structures, systems, or vehicles.

(7) Any electric power line, gas line, water line, wire or fiber insulators, fencing, gates, security structures, electric motors or other apparatus, metering instruments, communications antenna, environmental control systems, and processing plants that are connected to oil, natural gas, coalbed methane, shale gas, or other petroleum producing properties, equipment, structures, systems, or vehicles.

(8) Any metal property from a school, place of worship, or a secondary metals recycler's premises.

(9) A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils, unless any one of the following criteria are satisfied:

a. The condenser coils are being sold by a licensed contractor, HVAC contractor, plumber, or electrician and a current and valid license with number is provided at the time of sale and copied or scanned by the secondary metals recycler at the time of sale.

b. The condenser coils are being sold by a person with verifiable documentation, such as a receipt or work order, indicating that the condenser coils are the result of a replacement of an air conditioner unit or condenser coils performed by a licensed contractor.

(10) Utility access covers, manhole covers, or storm drain covers, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(11) Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized or any other metal historic markers or monuments or the attached support or post to either, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(b) Any person in violation of this section shall be guilty of a Class C felony.

(c) Any person in violation of this section shall be guilty of a Class B felony if the damage or destruction causes imminent danger to the health and safety of the public, a metal owner's employees, first responders, law enforcement officers, or utility workers, or cause an interruption in communications services or electric utility services. For purposes of this subsection, “imminent danger” means the existence of any condition that could hinder or disrupt the normal operation of equipment, systems, or services provided for the health and safety of the public, metal owner's employees, first responders, law enforcement officers, or utility workers or cause an interruption in communications services or electric utility services.

(d) At the time of sentencing of any person convicted under this section, the judge may order restitution in an amount determined by the court; provided, however, the amount shall not be less than the value of the metal property determined to have been damaged or stolen and shall include the cost of replacement and the cost to repair any and all damage caused during the commission of the crime for which the person is convicted.

CREDIT(S)

(Act 2007-451, p. 930, § 7; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-37

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-37. Possession or control of stolen property.

(a) It is unlawful for a person to possess or control the following property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed or controlled with intent to restore it to the owner:

(1) Metal property marked with the initials of an electrical company, a telephone company, a cable company, another public utility, a railroad, or a brewer.

(2) Utility access covers, manhole covers, or storm drain covers, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(3) Street light poles and fixtures, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(4) Road and bridge guard rails unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(5) Highway or street signs, traffic light signals, and traffic directional and control signs unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(6) Water meter covers unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(7) Metal beer kegs including those made of stainless steel that are clearly marked as being the property of a beer manufacturer unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(8) Metal property marked with the name of a government entity.

(9) Unused and undamaged building construction or utility materials consisting of copper, pipe, tubing or wiring, aluminum wire, or historical markers.

(10) Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(11) A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils, unless any one of the following criteria are satisfied:

(b) Any person who violates the requirements of subdivision (a)(2) or (a)(10) shall be guilty of a Class C felony for a first offense, a Class B felony for a second offense, and a Class A felony for a third or subsequent offense within a 10 year period.

(c) Any person who violates the requirements of subdivision (1), (3), (4), (5), (6), (7), (8), or (9) of subsection (a) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10 year period.

CREDIT(S)

(Act 2007-451, p. 930, § 8; Act 2010-508, p. 836, § 1; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-37.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-37.1. Ownership documentation required for purchase of certain property.

(a) It is unlawful for a secondary metals recycler to purchase the following property unless a copy of verifiable documentation in addition to the signed statement required by subdivision (a)(6) of Section 13A-8-31 is provided to the secondary metals recycler that the seller is the owner of the property:

(1) Catalytic convertors that are not part of an entire motor vehicle.

(2) Metal property of a telephone company, an electric company, a cable company, a water company, another utility, or a railroad marked or otherwise identified as such.

(3) Copper wire that has been burned to remove the insulation, unless verifiable documentation is provided that the source of the copper wire was in a building destroyed by fire.

(4) A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils, unless any one of the following criteria are satisfied:

(5) Utility access covers, manhole covers, or storm drain covers, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(6) Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized or any other metal historic markers or monuments or the attached support or post to either, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.

(7) Any metal property that has been brightly painted or marked to deter theft of the property.

(8) Ventilation fans or similar fans designed to supply fresh air to workers in confined spaces such as underground mines or other similar circumstances.

(b) Any person in violation of this section shall be guilty of a Class B felony.

CREDIT(S)

(Act 2012-426, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-37.2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-37.2. Lawful possession of metal property.

Compliance by a secondary metals recycler with Sections 13A-8-31, 13A-8-31.1, 13A-8-31.2, and 13A-8-37.1, with regard to a purchase of metal property shall be recognized by law enforcement agencies and the Alabama state courts as evidence that the possession of the metal property is lawful.

CREDIT(S)

(Act 2012-426, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-38

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-38. Construction.

CREDIT(S)

(Act 2007-451, p. 930, § 9.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-39

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 1A. . Secondary Metal Recycling. (Refs & Annos)

§ 13A-8-39. Application.

This article shall apply to all businesses regulated under this article without regard to the location within the State of Alabama and shall take precedence over any and all local ordinances governing purchase transactions of metal property by a secondary metals recycler.

CREDIT(S)

(Act 2007-451, p. 930, § 10; Act 2010-508, p. 836, § 1; Act 2012-426, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 2, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2. . Robbery.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-40

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2. . Robbery. (Refs & Annos)

§ 13A-8-40. Definitions.

(a) The definitions contained in Section 13A-8-1 are applicable to this article unless the context otherwise requires.

(b) “In the course of committing a theft” embraces acts which occur in an attempt to commit or the commission of theft, or in immediate flight after the attempt or commission.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3301.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-41

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2. . Robbery. (Refs & Annos)

§ 13A-8-41. Robbery in the first degree.

(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he:

(1) Is armed with a deadly weapon or dangerous instrument; or

(2) Causes serious physical injury to another.

(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3305.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-42

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2. . Robbery. (Refs & Annos)

§ 13A-8-42. Robbery in the second degree.

(a) A person commits the crime of robbery in the second degree if he violates Section 13A-8-43 and he is aided by another person actually present.

(b) Robbery in the second degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3306.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-43

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2. . Robbery. (Refs & Annos)

§ 13A-8-43. Robbery in the third degree.

(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he:

(1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or

(2) Threatens the imminent use of force against the person of the owner or any person present with intent to compel acquiescence to the taking of or escaping with the property.

(b) Robbery in the third degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3307.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-44

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2. . Robbery. (Refs & Annos)

§ 13A-8-44. Claim of right not defense in robbery prosecution.

No person may submit in defense against a prosecution for robbery in any of its degrees that there was no theft because the taking was under a claim of right. Claim of right is not a defense under this article.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 3310.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-50

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2A. . Pharmacy Robbery.

§ 13A-8-50. Short title.

This article shall be known and cited as “The Pharmacy Robbery Act of 1982.”

CREDIT(S)

(Acts 1982, No. 82-434, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-51

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2A. . Pharmacy Robbery.

§ 13A-8-51. Definitions.

When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) PHARMACY.Any building, warehouse, physician's office, hospital, pharmaceutical house or other structure used in whole or in part for the sale, storage and/or dispensing of any controlled substance as defined in Section 20-2-2 as amended.

(2) PHARMACY ROBBERY. A person commits the offense of “pharmacy robbery” under this article if in the course of committing a theft of any controlled substance as defined in Section 20-2-2 such person violates Section 13A-8-41.

CREDIT(S)

(Acts 1982, No. 82-434, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-52

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 2A. . Pharmacy Robbery.

§ 13A-8-52. Penalty for violation of article.

(a) Upon conviction of the criminal offense of “pharmacy robbery” as defined in Section 13A-8-51(2), the offender shall be imprisoned at hard labor for not less than 10 years nor more than 99 years and shall be ineligible for consideration for parole, probation or suspension of sentence.

(b) On a second or subsequent conviction under this article, the offender shall be imprisoned for the remainder of his natural life and shall be ineligible for consideration for parole, probation or suspension of sentence.

CREDIT(S)

(Acts 1982, No. 82-434, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-60

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3. . Shopping Carts.

§ 13A-8-60. Defined.

The term “shopping cart,” when used in this article, shall mean those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store.

CREDIT(S)

(Acts 1973, No. 1240, p. 2087, § 1; Code 1975, § 13-3-130.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-61

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3. . Shopping Carts.

§ 13A-8-61. Removal from premises without consent of owner; “premises” defined.

It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in Section 13A-8-63, of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his agent, servant or employee. For the purpose of this section, the “premises” shall include all the parking area set aside by the owner, or on behalf of the owner, for the parking of cars for the convenience of the patrons of the owner.

CREDIT(S)

(Acts 1973, No. 1240, p. 2087, § 2; Code 1975, § 13-3-131.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-62

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3. . Shopping Carts.

§ 13A-8-62. Abandonment on public streets, sidewalks, parking lots, etc.

It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way or parking lot, other than a parking lot on the premises of the owner.

CREDIT(S)

(Acts 1973, No. 1240, p. 2087, § 3; Code 1975, § 13-3-132.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-63

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3. . Shopping Carts.

§ 13A-8-63. Posting of article in stores.

The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store, and at each exit therefrom, a printed copy of this article, which copy shall be printed in type no smaller than 12 points.

CREDIT(S)

(Acts 1973, No. 1240, p. 2087, § 5; Code 1975, § 13-3-133.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-64

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3. . Shopping Carts.

§ 13A-8-64. Penalty for violation of article.

Any person convicted of a violation under this article shall be deemed guilty of a Class C misdemeanor and shall be punished as prescribed by law under Sections 13A-5-7 and 13A-5-12.

CREDIT(S)

(Acts 1973, No. 1240, p. 2087, § 4; Code 1975, § 13-3-134.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 3A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3A. . Traffic Signs.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-70

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3A. . Traffic Signs. (Refs & Annos)

§ 13A-8-70. “Traffic sign” defined.

As used in this article, the term “traffic sign” shall mean any traffic sign, traffic signal, warning sign, guideboard, milepost, road marker, emergency telephone sign, or any similar sign, signal, or device used by the state or any political subdivision of the state on the highways, roads, bridges, or streets of this state for the warning, instruction, or information of the public.

CREDIT(S)

(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-71

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3A. . Traffic Signs. (Refs & Annos)

§ 13A-8-71. Possession of traffic sign; notification; destruction, defacement, etc., of traffic sign or traffic control device; defacement of public building or property.

(a) No person may unlawfully possess any traffic sign erected by the state, a county, or a municipality.

(b) Any person who voluntarily notifies a law enforcement agency of the presence on their property of a traffic sign shall not be guilty of violating the provisions of subsection (a).

(c) It shall be unlawful for any person to intentionally destroy, knock down, remove, deface, or alter any letters or figures on a traffic sign, or in any way damage any traffic control device, erected on a highway, public road, or right of way of this state, by the Department of Transportation, a county, or municipality.

(d) It shall be unlawful for any person to intentionally deface any public building or public property.

CREDIT(S)

(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, § 2; Acts 1996, No. 96-425, p. 539, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-72

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3A. . Traffic Signs. (Refs & Annos)

§ 13A-8-72. Penalties.

(a) A person who is convicted of violating subsection (a) of Section 13A-8-71 shall be fined not more than fifty dollars ($50).

(b) A person who is convicted of intentionally destroying, knocking down, removing, defacing, or altering a traffic sign pursuant to subsection (c) of Section 13A-8-71 or defacing a public building or public property pursuant to subsection (d) of Section 13A-8-71, where the damage inflicted is more than two thousand five hundred dollars ($2,500), is guilty of a Class C felony.

(c) A person who is convicted of intentionally destroying, knocking down, removing, defacing, or altering a traffic sign pursuant to subsection (c) of Section 13A-8-71 or defacing a public building or public property pursuant to subsection (d) of Section 13A-8-71, where the damage inflicted is more than five hundred dollars ($500), but less than two thousand five hundred dollars ($2,500), is guilty of a Class A misdemeanor.

(d) A person who is convicted of intentionally destroying, knocking down, removing, defacing, or altering a traffic sign pursuant to subsection (c) of Section 13A-8-71 or defacing a public building or public property pursuant to subsection (d) of Section 13A-8-71, where the damage inflicted is less than five hundred dollars ($500) is guilty of a Class B misdemeanor.

(e) The parents of a minor under the age of 18 years with whom the minor is living and who have custody of the minor shall be liable for actual damages, plus court costs, for the destruction or defacement of any public road sign or the defacement of any public building or public property by the intentional acts of the minor.

(f) Any minor who is convicted of violating this article shall be ordered by the court to correct or clean up any destruction or defacement of which the minor has been convicted.

CREDIT(S)

(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, § 3; Acts 1996, No. 96-425, p. 539, § 1; Acts 1997, No. 97-216, p. 331, § 1; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-73

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 3A. . Traffic Signs. (Refs & Annos)

§ 13A-8-73. Fines to be deposited in general fund.

Any fines collected pursuant to this article shall be deposited in the general fund of the county and distributed as follows: one-half shall be designated for law enforcement purposes and one-half shall be designated to the county road and bridge fund.

CREDIT(S)

(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-80

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4. . Copying and Sale of Recorded Devices.

§ 13A-8-80. “Owner” defined.

Unless the context clearly requires otherwise, the term “owner,” as used in this article, shall mean the person who owns, or has the exclusive license in the United States to reproduce or the exclusive license in the United States to distribute to the public copies of the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films, videocassettes or other articles now known or later developed on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or to authorize the recording of a live performance.

CREDIT(S)

(Acts 1975, No. 1063, p. 2125, § 1; Code 1975, § 13-3-150; Acts 1989, No. 89-532, p. 1089, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-81

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4. . Copying and Sale of Recorded Devices.

§ 13A-8-81. Transfer, manufacture, distribution, etc., of certain sounds without consent prohibited; applicability; penalties; recording rights; evidence of performer's consent.

(a) It shall be a felony for any person to:

(1) Knowingly transfer or cause to be transferred, directly or indirectly, by any means, any sounds recorded on a phonograph record, disc, wire, tape, film, videocassette or other article now known or later developed on which sounds are recorded, with the intent, for commercial advantage or private financial gain, to sell or rent, or cause to be sold or rented, or to be used for profit through public performance, such article on which sounds are so transferred, without consent of the owner;

(2) Knowingly transfer or cause to be transferred, directly or indirectly, by any means, onto any phonograph record, disc, wire, tape, film, videocassette or other article now known or later developed, any live performance, for commercial advantage or private financial gain, without the consent of the owner; or

(3) Manufacture, distribute, transport or wholesale any article with the knowledge that the sounds or performances are so transferred without consent of the owner.

(b) The provisions of this section shall not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds other than from the sound track of a motion picture intended for, or in connection with broadcast or telecast transmission or related uses, or for archival purposes.

(d) Subdivision (a)(1) of this section applies only to sound recordings that were initially fixed prior to February 15, 1972.

(e) In the absence of a written agreement or operation of law to the contrary, the performer or performers of the live performance shall be presumed to own the rights to record or authorize the recording of the live performance. In any proceeding where a performer's consent is in issue, a person who is authorized to maintain custody and control over business records reflecting consent shall be considered a proper witness, subject to all rules of evidence relating to competency and admissibility.

CREDIT(S)

(Acts 1975, No. 1063, p. 2125, § 2; Code 1975, § 13-3-151; Acts 1989, No. 89-532, p. 1089, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-82

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4. . Copying and Sale of Recorded Devices.

§ 13A-8-82. Possession, sale, rental, etc., of recorded device in violation of article prohibited; penalties.

(1) It shall be unlawful for any person to knowingly sell, rent, cause to be sold or rented, or possess for the purpose of selling or renting any recorded device that has been produced, manufactured, distributed or acquired in violation of any provision of this article.

(2) Penalties for violations hereof are prescribed in Section 13A-8-86(b).

CREDIT(S)

(Acts 1975, No. 1063, p. 2125, § 3; Code 1975, § 13-3-152; Acts 1989, No. 89-532, p. 1089, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-83

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4. . Copying and Sale of Recorded Devices.

§ 13A-8-83. Manufacturer's name required on package.

Every recorded device sold, rented or transferred for commercial advantage or private financial gain, or possessed for the purpose of sale, rental or transfer by any manufacturer, distributor or wholesale or retail merchant shall contain on its packaging the true name and address of the manufacturer; provided, that the term “manufacturer” shall not include the manufacturer of the cartridge or casing itself, but shall mean the manufacturer of the actual recorded material. The term “recorded device” means the tangible medium upon which sounds or images are recorded or otherwise stored, and includes any phonograph record, disc, wire, tape, videocassette, film, or other medium now known or later developed on which sounds or images are recorded or otherwise stored.

CREDIT(S)

(Acts 1975, No. 1063, p. 2125, § 4; Code 1975, § 13-3-153; Acts 1989, No. 89-532, p. 1089, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-84

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4. . Copying and Sale of Recorded Devices.

§ 13A-8-84. Confiscation of nonconforming recordings, equipment and components.

It shall be the duty of any state, county or local law enforcement officer to confiscate all recorded material that does not conform to the provisions of this article and all equipment and components used or intended to be used in the manufacture of the infringing recordings and to deliver the nonconforming recorded devices, equipment and components to the State Attorney General or the appropriate local district attorney of the judicial district in which the confiscation was made. The provisions of this section shall apply to any nonconforming recording, regardless of lack of knowledge or intent on the part of the retail seller.

CREDIT(S)

(Acts 1975, No. 1063, p. 2125, § 5; Code 1975, § 13-3-154; Acts 1989, No. 89-535, p. 1097, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-85

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4. . Copying and Sale of Recorded Devices.

§ 13A-8-85. Damages in civil action.

(a) Any owner of recorded material whose material has allegedly been illegally reproduced as provided herein shall have a cause of action in the circuit courts of this state for all damages resultant therefrom, including actual, compensatory and incidental damages, as well as punitive damages of not more than three times the amount of the total cost of producing the illegally recorded material.

(b) Any lawful producer of recorded material, as set forth in this article, whose product is allegedly the subject of a violation of the provisions of this article shall have a cause of action in the circuit courts of this state for all damages resultant therefrom, including actual, compensatory and incidental damages, as well as punitive damages not exceeding three times the amount of the total cost of producing the recorded materials.

CREDIT(S)

(Acts 1975, No. 1063, p. 2125, § 7; Code 1975, § 13-3-155.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-86

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4. . Copying and Sale of Recorded Devices.

§ 13A-8-86. Penalties for manufacture, sale, rental, possession for sale or rental, etc., in contravention of article; forfeiture.

(a) Each separate manufacture, distribution, sale or transfer at wholesale of any unauthorized recording in contravention of the provisions of this article shall upon conviction constitute a separate offense punishable as follows:

(1) If the offense involves not less than 1,000 unlawful sound recordings or not less than 65 audio visual recordings, by imprisonment not less than three years, nor more than ten years, or by a fine of not more than $250,000.00 or both.

(2) For any other offense not described in subdivision (a)(1), by imprisonment not less than one year, nor more than three years, or by fine of not more than $25,000.00 for the first offense, or both, and by imprisonment not less than three years nor more than 10 years, or by fine of not more than $100,000.00, or both, for any subsequent offense.

(b) Each separate sale, rental or possession for sale or rental of any recording, not described in subsection (a), in contravention of the provisions of this article shall upon conviction constitute a separate offense punishable as follows:

(1) If the offense involves not less than 100 unlawful sound recordings or not less than seven unlawful audio visual recordings, or if the offense is a subsequent offense, by imprisonment not less than one year nor more than five years, or by a fine of not more than $250,000.00 or both.

(2) For any other offense not described in subdivision (b)(1), by imprisonment for not more than one year, or by a fine of not more than $25,000.00 or both.

(c) If a person is convicted of any offense under this article, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of all infringing recordings and of all equipment and components used or intended to be used in the manufacture of the infringing recordings, as provided in Section 13A-8-84.

CREDIT(S)

(Acts 1975, No. 1063, p. 2125, § 6; Code 1975, § 13-3-156; Acts 1989, No. 89-532, p. 1097, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 4A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4A. . Unlawful Operation of a Recording Device in Motion Picture Theater.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-90

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 4A. . Unlawful Operation of a Recording Device in Motion Picture Theater. (Refs & Annos)

§ 13A-8-90. Violations; penalties.

(a) For purposes of this section, the following words have the following meanings:

(1) AUDIOVISUAL IMAGE. A series of related images which are intended to impart an impression of motion when shown in succession by means of a machine or device.

(2) AUDIOVISUAL RECORDING FUNCTION. The capability of a device to record or transmit a motion picture or any part thereof.

(3) MOTION PICTURE THEATER. A movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.

(4) COMMERCIALLY DISTRIBUTE. To sell, lease, rent, or distribute for pecuniary gain.

(b) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater for the purpose of recording a motion picture with the intent to violate the property rights of the owner of the motion picture commits the crime of unlawful operation of a recording device. For purposes of this subsection, to record or transmit one or more audiovisual images from the on-screen exhibition of a motion picture, or to transmit the audio sounds accompanying the motion picture, is presumptive proof of intent to violate the property rights of the owner of the motion picture.

(c) Unlawful operation of a recording device in violation of subsection (b) is a Class A misdemeanor on the first offense. Any subsequent conviction of unlawful operation of a recording device in violation of subsection (b) is a Class C felony.

(d) Unlawful operation of a recording device in violation of subsection (b) with intent to commercially distribute the recording is a Class C felony.

(e) The owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, who in good faith notifies a law enforcement agency of an alleged violation of this section shall not be liable, absent negligence or willfulness and wantonness, in any civil action arising out of measures taken by the owner, lessee, agent, or employee in the course of subsequently detaining a person that the owner, lessee, agent, or employee in good faith believed to have violated this section while awaiting the arrival of law enforcement authorities.

(f) This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of local, state, or federal government from operating any audiovisual recording device in a motion picture theater as part of any lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.

(g) This section does not prevent prosecution for any acts violating this section under any other provision of law providing for a greater penalty.

CREDIT(S)

(Act 2008-272, p. 397, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-100

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5. . Alabama Computer Crime Act.

§§ 13A-8-100 through 13A-8-103. Repealed by Act 2012-432, § 11, effective August 1, 2012.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-101

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5. . Alabama Computer Crime Act.

§§ 13A-8-100 through 13A-8-103. Repealed by Act 2012-432, § 11, effective August 1, 2012.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-102

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5. . Alabama Computer Crime Act.

§§ 13A-8-100 through 13A-8-103. Repealed by Act 2012-432, § 11, effective August 1, 2012.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-103

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5. . Alabama Computer Crime Act.

§§ 13A-8-100 through 13A-8-103. Repealed by Act 2012-432, § 11, effective August 1, 2012.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 5A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-110

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-110. Short title.

This article may be cited as The Alabama Digital Crime Act.

CREDIT(S)

(Act 2012-432, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-111

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-111. Definitions.

As used in this article, the following terms shall have the following meanings:

(1) ACCESS. To gain entry to, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer system, or computer network.

(2) COMPUTER. An electronic, magnetic, optical, electrochemical, or other high speed data processing device or system that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.

(3) COMPUTER NETWORK. The interconnection of two or more computers or computer systems that transmit data over communication circuits connecting them.

(4) COMPUTER PROGRAM. An ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions.

(5) COMPUTER SECURITY SYSTEM. The design, procedures, or other measures that the person responsible for the operation and use of a computer employs to restrict the use of the computer to particular persons or uses or that the owner or licensee of data stored or maintained by a computer in which the owner or licensee is entitled to store or maintain the data employs to restrict access to the data.

(6) COMPUTER SERVICES. The product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions.

(7) COMPUTER SOFTWARE. A set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specific functions.

(8) COMPUTER SYSTEM. A set of related or interconnected computer or computer network equipment, devices and software.

(9) DATA. A representation of information, knowledge, facts, concepts, or instructions, which are prepared and are intended for use in a computer, computer system, or computer network. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit.

(10) ELECTRONIC MAIL MESSAGE. A message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which such message can be sent or delivered.

(11) EXCEEDS AUTHORIZATION OF USE. Accessing a computer, computer network, or other digital device with actual or perceived authorization, and using such access to obtain or alter information that the accessor is not entitled to obtain or alter.

(12) FINANCIAL INSTRUMENT. Includes, but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof.

(13) HARM. Partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor's conduct.

(14) IDENTIFICATION DOCUMENT. Any document containing data that is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity or accessing his or her financial information or benefits. Identification documents specifically include, but are not limited to, the following:

a. Government issued driver's licenses or identification cards.

b. Payment cards such as credit cards, debit cards, and ATM cards.

c. Passports.

d. Health insurance or benefit cards.

e. Identification cards issued by educational institutions.

f. Identification cards for employees or contractors.

g. Benefit cards issued in conjunction with any government supported aid program.

h. Library cards issued by any public library.

(15) IDENTIFYING INFORMATION. Specific details that can be used to access a person's financial accounts, obtain identification, or to obtain goods or services, including, but not limited to:

a. Social Security number.

b. Driver's license number.

c. Bank account number.

d. Credit card or debit card number.

e. Personal identification number (PIN).

f. Automated or electronic signature.

g. Unique biometric data.

h. Account password.

(16) INTEGRATED CIRCUIT CARD. Also known as a smart card or chip card, a pocket sized, plastic card with embedded integrated circuits used for data storage or special purpose processing used to validate personal identification numbers (PINs), authorize purchases, verify account balances and store personal records. When inserted into a reader, it transfers data to and from a central computer.

(17) OWNER. An owner or lessee of a computer or a computer network, or an owner, lessee, or licensee of computer data, computer programs, or computer software.

(18) PROPERTY. Includes a financial instrument, data, databases, data while in transit, computer software, computer programs, documents associated with computer systems and computer programs, or copies whether tangible or intangible.

(19) RADIO FREQUENCY IDENTIFICATION (RFID). A technology that uses radio waves to transmit data remotely from an RFID tag, through a reader, from identification documents. It is used in contactless integrated circuit cards, also known as proximity cards.

(20) RADIO FREQUENCY IDENTIFICATION (RFID) TAGS. Also known as RFID labels, the hardware for an RFID system that electronically stores and processes information, and receives and transmits the signal.

(21) REENCODER. An electronic device that places encoded information from the magnetic strip, integrated circuit, RFID tag of an identification document onto the magnetic strip, integrated circuit, or RFID tag of a different identification document.

(22) SCANNING DEVICE. A scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip, integrated circuit, or RFID tag of an identification document.

(23) VIRUS. Means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files.

(24) WEB PAGE. A location that has a single uniform resource locator or other single location with respect to the Internet.

CREDIT(S)

(Act 2012-432, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-112

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-112. Computer tampering.

(a) A person who acts without authority or who exceeds authorization of use commits the crime of computer tampering by knowingly:

(1) Accessing and altering, damaging, or destroying any computer, computer system, or computer network.

(2) Altering, damaging, deleting, or destroying computer programs or data.

(3) Disclosing, using, controlling, or taking computer programs, data, or supporting documentation residing in, or existing internal or external to, a computer, computer system, or network.

(4) Directly or indirectly introducing a computer contaminator or a virus into any computer, computer system, or network.

(5) Disrupting or causing the disruption of a computer, computer system, or network services or denying or causing the denial of computer or network services to any authorized user of a computer, computer system, or network.

(6) Preventing a computer user from exiting a site, computer system, or network-connected location in order to compel the user's computer to continue communicating with, connecting to, or displaying the content of the service, site, or system.

(7) Obtaining any information that is required by law to be kept confidential or any records that are not public records by accessing any computer, computer system, or network that is operated by this state, a political subdivision of this state, or a medical institution.

(8) Giving a password, identifying code, personal identification number, debit card number, bank account number, or other confidential information about a computer security system to another person without the consent of the person using the computer security system to restrict access to a computer, computer network, computer system, or data.

(b)(1) Except as otherwise provided in this subsection, the offense of computer tampering is a Class A misdemeanor, punishable as provided by law. Subsection (a) does not apply to any acts which are committed by a person within the scope of his or her lawful employment. For purposes of this section, a person acts within the scope of his of her employment when he or she performs acts which are reasonably necessary to the performance of his or her work assignment.

(2) If the actor's intent is to commit an unlawful act or obtain a benefit, or defraud or harm another, the offense is a Class C felony, punishable as provided by law.

(3) If any violation results in a victim expenditure of greater than two thousand five hundred dollars ($2,500), or if the actor's intent is to obtain a benefit, commit an unlawful act, or defraud or harm another and there is an interruption or impairment of governmental operations or public communication, transportation, or supply of water, gas, or other public or utility service, the offense is a Class B felony, punishable as provided by law.

(4) If any violation results in a victim expenditure of greater than one hundred thousand dollars ($100,000), or if the committed offense causes physical injury to any person who is not involved in the act, the offense is a Class A felony, punishable as provided by law.

(5) If any violation relates to access to an Alabama Criminal Justice Information Center information system or to data regulated under the authority of the Alabama Criminal Justice Information Center Commission, the offense is a Class B felony, punishable as provided by law. Misuse of each individual record constitutes a separate offense under this subsection.

(1) The county in which the victimized computer, computer system, or network is located.

(2) The county in which the computer, computer system, or network that was used in the commission of the offense is located or in which any books, records, documents, property, financial instruments, computer software, data, access devices, or instruments of the offense were used.

(3) The county in which any authorized user was denied service or in which an authorized user's service was interrupted.

(4) The county in which critical infrastructure resources were tampered with or affected.

CREDIT(S)

(Act 2012-432, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-113

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-113. Encoded data fraud.

(a) A person commits the crime of encoded data fraud by:

(1) Knowingly and with the intent to commit an unlawful act or to defraud, possessing a scanning device; or knowingly and with intent to commit an unlawful act or defraud, using or attempting to use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on an identification document by means of magnetic strip, integrated circuit, or radio frequency identification tag without the permission of the authorized user or issuer of the identification document.

(2) Knowingly and with the intent to commit an unlawful act or to defraud, possessing a reencoder; or knowingly and with intent to commit an unlawful act or defraud, using or attempting to use a reencoder to place encoded information on an identification document by means of magnetic strip, integrated circuit, or radio frequency identification tag without the permission of the authorized user or issuer of the identification document from which the information is being reencoded.

(b) Any person violating this section, upon conviction, shall be guilty of a Class C felony.

(c) Any scanning device or reencoder owned by the defendant and possessed or used in violation of this section may be seized and be destroyed as contraband by the investigating law enforcement agency by which the scanning device or reencoder was seized.

CREDIT(S)

(Act 2012-432, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-114

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-114. Phishing.

(a) A person commits the crime of phishing if the person by means of an Internet web page, electronic mail message, or otherwise using the Internet, solicits, requests, or takes any action to induce another person to provide identifying information by representing that the person, either directly or by implication, is a business, without the authority or approval of the business.

(b) Any person violating this section, upon conviction, shall be guilty of a Class C felony. Multiple violations resulting from a single action or act shall constitute one violation for the purposes of this section.

(1) A person who is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark, and is adversely affected by a violation of this section.

(2) An individual who is adversely affected by a violation of this section.

(d) In any criminal proceeding brought pursuant to this section, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the identification documents or identifying information.

(e) The Attorney General or the district attorney may file a civil action in circuit court to enforce this section and to enjoin further violations of this section. The Attorney General or the district attorney may recover actual damages or twenty-five thousand dollars ($25,000), whichever is greater, for each violation of subsection (a).

(f) In a civil action under subsection (e), the court may increase the damage award to an amount equal to not more than three times the award provided in subsection (d) if the court determines that the defendant has engaged in a pattern and practice of violating subsection (a).

(g) Proceeds from an action under subsection (e) shall first be used for payment of all proper expenses, including court costs, of the proceedings for the civil action with the remaining proceeds payable first towards the restitution of any victims, as determined by the court. Any remaining proceeds shall be awarded equally between the State General Fund and the office of the Attorney General, the office of the district attorney bringing the action, or both.

(h) An interactive computer service provider shall not be held liable or found in violation of this section for identifying, removing, or disabling access to an Internet web page or other online location that such provider reasonably believes by clear and convincing evidence that it is being used to engage in a violation of this section.

CREDIT(S)

(Act 2012-432, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-115

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-115. Disclosure of stored wire or electronic communications, transactional records, etc.

(a) A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records and subscriber information pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States.

(b) A provider of electronic communication service or remote computing service shall provide subscriber information as well as the contents of, and transactional records pertaining to, wire and electronic communications in its possession or reasonably accessible thereto when a requesting law enforcement officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States.

(c) Warrants or appropriate orders for production of stored wire or electronic communications and transactional records pertaining thereto shall have statewide application or application as provided by the laws of the United States when issued by a judge with jurisdiction over the criminal offense under investigation or to which such records relate.

(d) This section specifically authorizes any law enforcement official, prosecuting attorney, or the Attorney General to issue a subpoena to obtain any stored electronic records governed by 18 U.S.C. § 2703(b) et seq., and any successor statute. The subpoena shall be issued with a showing that the subpoenaed material relates to an investigation.

(e) Intentional violation of this section shall be punishable as contempt.

CREDIT(S)

(Act 2012-432, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-116

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-116. Warrants from other states.

(a) An Alabama corporation or business entity that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that could reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by an Alabama court.

(b) Intentional violation of this section shall be punishable as contempt.

CREDIT(S)

(Act 2012-432, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-117

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-117. Forfeiture of certain computers, software, etc.

(a) On conviction of a violation of this article or any other violation of the criminal laws of Alabama, the court shall order that any computer, computer system, computer network, instrument of communication, software or data that was owned or used by the defendant with the owner's knowledge of the unlawful act or where the owner had reason to know of the unlawful act, and that was used in the commission of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly disposed. If the defendant is a minor, it also includes the above listed property of the parent or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation or forfeiture of such thing shall be the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic beverages are illegally transported. If the computer, computer system, computer network, instrument of communication, software, or data that was used by a defendant, in conjunction with a violation of this article, is owned or leased by the defendant's employer or a client or vendor of the defendant's employer and such owner or lessor did not authorize the activity violating this article, this section shall not apply.

(b) When property is forfeited under this article or any other violation of the criminal laws of Alabama, the court may award the property to any state, county, or municipal law enforcement agency or department who participated in the investigation or prosecution of the offense given rise to the seizure. The recipient law enforcement agency shall use such property for law enforcement purposes but, at its discretion, may transfer the tangible property to another governmental department or agency to support crime prevention. The agencies may sell that which is not required to be destroyed and which is not harmful to the public. The proceeds from a sale authorized by this article shall be used first for payment of all proper expenses of the proceedings for forfeiture and sale and the remaining proceeds from the sale shall be awarded and distributed by the court to the participating agencies to be used exclusively for law enforcement purposes.

(c) Pursuant to Section 15-18-67, and in addition to any other cost ordered pursuant to law, the district attorney may request and the court may order the defendant to pay the cost of prosecution or investigation, or both. Restitution shall include any and all costs associated with the violation of the criminal laws of this state.

CREDIT(S)

(Act 2012-432, § 8.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-118

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-118. Prosecution.

A person who is subject to prosecution under this article and any other law of this state may be prosecuted under either or both laws.

CREDIT(S)

(Act 2012-432, § 9.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-119

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 5A. The Alabama Digital Crime Act. (Refs & Annos)

§ 13A-8-119. Activities of law enforcement agencies, political subdivisions, etc.

Nothing in this article prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of this state or a political subdivision of this state or a law enforcement agency of the United States or of an intelligence agency of the United States.

CREDIT(S)

(Act 2012-432, § 10.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-120

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 6. . Theft of Cable Television Services.

§ 13A-8-120. “Cable television company” defined.

As used in this article, unless the context requires otherwise, “cable television company” or “company” means any franchised or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution, to members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not.

CREDIT(S)

(Acts 1986, No. 86-228, p. 335, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-121

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 6. . Theft of Cable Television Services.

§ 13A-8-121. Acts punishable as misdemeanors.

It shall be a misdemeanor for any person to knowingly:

(1) Obtain or attempt to obtain cable television service from a company by trick, artifice, deception or other fraudulent means with the intent to deprive such company of any or all lawful compensation for rendering each type of service obtained;

(2) Assist or instruct any other person in obtaining or attempting to obtain any cable television service without payment of all lawful compensation to the company providing such service;

(3) Make or maintain a connection or connections, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television without authority from the cable television company;

(4) Make or maintain any modification or alteration to any device installed with the authorization of a cable television company for the purpose of intercepting or receiving any program or other service carried by such company which such person is not authorized by such company to receive;

(5) Manufacture, import into this state, distribute, sell, lease or offer, possess, or advertise for sale or lease any device, or any plan or kit for a device or for a printed circuit designed in whole or in part to decode, descramble or otherwise make intelligible any encoded, scramble or other nonstandard signal carried by a cable television company with the intent that such device, plan or kit be used for the theft of such company's services;

(6) Provided, however, that nothing in this section shall be construed to prohibit the manufacture, importation, sale, lease or possession of any television device possessing the internal hardware necessary to receive cable television signals without the use of a converter device or box, or of any television advertised as “cable ready”;

(7) Manufacture, import into this state, distribute, sell, offer for sale, rent or use any device, plan or kit for a device, designed in whole or in part to unlawfully perform or facilitate the unlawful performance of any of the acts set out in subdivisions (1)-(5) of this section;

(8) Provided, that nothing in this section shall be construed to limit a subscriber's equipment selection to that of the cable company, so long as all equipment is properly installed and meets all local and FCC requirements.

Any person violating the provisions of this section shall, upon conviction, be guilty of a Class B misdemeanor.

CREDIT(S)

(Acts 1986, No. 86-228, p. 335, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-122

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 6. . Theft of Cable Television Services.

§ 13A-8-122. Possession of certain devices constitutes prima facie evidence of intent to violate article.

In a prosecution for a violation of this article, the existence on the property and in the actual possession of the defendant of (1) any connection, wire conductor or any device whatsoever, which is connected in such a manner as would permit the receipt of cable television service without such service being reported for payment to and specifically authorized by the cable television company or (2) the existence on the property and in the actual possession of the defendant, where the totality of the circumstances, including quantities or volumes, surrounding the defendant's arrest indicate possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts set out in Section 13A-8-121, shall constitute prima facie evidence of the defendant's intent to violate the provisions of this article.

CREDIT(S)

(Acts 1986, No. 86-228, p. 335, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-123

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 6. . Theft of Cable Television Services.

§ 13A-8-123. Civil liability for violations of Section 13A-8-121.

(a) Any person who violates the provisions of subdivision (5) of Section 13A-8-121 shall, in addition to the criminal penalties provided in this article, be civilly liable to the aggrieved cable television company for an amount not to exceed the greater of the following amounts:

(1) One thousand dollars; or

(2) Double the amount of actual damages, if any, sustained by the cable television company.

(b) Any person who violates the provisions of any subsection of Section 13A-8-121 for a second or subsequent time shall, in addition to the criminal penalties provided by this article, be civilly liable to the aggrieved cable television company for an amount not to exceed the greater of the following amounts:

(1) Two thousand dollars; or

(2) Double the amount of actual damages, if any, sustained by the cable television company.

CREDIT(S)

(Acts 1986, No. 86-228, p. 335, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-124

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 6. . Theft of Cable Television Services.

§ 13A-8-124. Injunctive relief; damages; proof of actual damages not prerequisite.

(a) Any cable television company may, in accordance with the Alabama Rules of Civil Procedure, bring an action to enjoin and restrain any violation of the provisions of this article, and may in the same action seek damages as provided in Section 13A-8-123.

(b) It is not a necessary prerequisite to a civil action pursuant to this article that the cable television company prove it has suffered, or is threatened with, actual damages.

CREDIT(S)

(Acts 1986, No. 86-228, p. 335, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-125

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 6. . Theft of Cable Television Services.

§ 13A-8-125. Equipment used to violate article is contraband; seizure and forfeiture.

Any electronic or communications equipment or any other such devices used to violate the provisions of this article shall be considered contraband subject to seizure and forfeiture to the state.

CREDIT(S)

(Acts 1986, No. 86-228, p. 335, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-126

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 6. . Theft of Cable Television Services.

§ 13A-8-126. Satellite reception dishes.

The provisions of this article shall have no application to satellite reception dishes nor related equipment or accessories used in connection with satellite reception dishes.

CREDIT(S)

(Acts 1986, No. 86-228, p. 335, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-140

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 7. . Theft by Fraudulent Leasing or Rental of Property.

§ 13A-8-140. Elements of offense of theft by fraudulent leasing or rental.

The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called “lessee”, signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called “lessor”, and obtains or exerts control over tangible personal property by reason of such rental contract, with the intent, knowledge or expectation that he will not perform the terms, covenants and agreements of the lessee provided in such rental contract.

CREDIT(S)

(Acts 1986, No. 86-392, p. 576, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-141

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 7. . Theft by Fraudulent Leasing or Rental of Property.

§ 13A-8-141. Prima facie evidence of fraudulent leasing or rental.

For the purposes of Section 13A-8-140 of this article, it is prima facie evidence that a lessee fraudulently leased or rented property, and intended, knew or expected that he would not perform the terms and obligations of the lessee under a rental contract if:

(1) The name or address of the lessee appearing on the written agreement shall, at the time it is signed, be false or fictitious, and if the lessee fails to return the leased property to the lessor within seven days after lessor makes written demand for its return, notwithstanding that the term under the rental contract has not expired; or

(2) The rental contract provides for the return of the leased property to a particular place, at a particular time, and the lessee shall fail to return the leased property to the place and within the time specified in the said rental contract, and the lessor thereafter makes written demand for the return of the leased property to the place specified in the rental contract within 48 hours from the time the written demand is delivered to the lessee, and the lessee fails to return said property to the lessor within the said 48 hour period; or

(3) A lessee obtains or exerts control over personal property by executing a rental contract which provides for the return of said property to a particular place, or at a particular time, and thereafter abandons said property, secretes, converts, sells or attempts to sell the same or any part thereof.

CREDIT(S)

(Acts 1986, No. 86-392, p. 576, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-142

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 7. . Theft by Fraudulent Leasing or Rental of Property.

§ 13A-8-142. Written demand for return of leased property; form of notice.

For the purposes of Section 13A-8-141 of this article:

(1) A written demand for the return of leased property may be made by personally delivering a copy thereof to the lessee; such demand may also be delivered to a lessee by certified United States mail, directed to lessee at his address shown on the rental contract, and the return receipt shall be deemed sufficient evidence that the demand was received by the lessee, on the date shown on the receipt.

(2) The form of notice to be given under subdivision (1) of Section 13A-8-141, shall be sufficient if substantially as follows:

“This statutory notice is provided pursuant to Section __________ of the Code of Alabama. You are hereby notified that the name or address given by you, as lessee, and appearing on the rental contract dated __________, wherein ________________________________ is the lessor, was fictitious or false. Pursuant to Alabama law you have seven (7) days from receipt of this demand to return the property rented or leased under the said rental contract to the lessor at the place designated in the rental contract, and to pay all accrued lease or rental charges. Unless the said property is so returned, and accrued rental charges paid, all as provided by the said rental contract, within the time specified above, the lessor may assume that you leased the said property with intent, knowledge or expectation that you, as the lessee would not perform the terms, covenants and agreements appearing in the said rental contract at the time you executed the same, and, therefore that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution.”

(3) The form of notice to be given under subdivision (2) of Section 13A-8-141 above, shall be sufficient if substantially as follows:

“This statutory notice is provided pursuant to Section __________ of the Code of Alabama. You are hereby notified that you have failed to return that certain personal property leased by you under a written rental contract dated ________________________________, wherein ________________________________ is the lessor, to the particular place or at the particular time provided by the said rental contract. Pursuant to Alabama law, you have forty-eight (48) hours from the receipt of this demand to return the leased property to the lessor at the address specified in the rental contract. Unless the said property is returned to the lessor at the address specified in the rental contract within the time specified above, the lessor may assume that at the time you entered into the said rental contract you intended, knew or expected that you would not perform the terms, covenants and agreements of the lessee thereunder, and that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution.”

CREDIT(S)

(Acts 1986, No. 86-392, p. 576, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-143

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 7. . Theft by Fraudulent Leasing or Rental of Property.

§ 13A-8-143. Immunity from liability for giving of notice.

Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be immune from civil or criminal liability for the giving of such notice and for proceeding under the forms of such notice.

CREDIT(S)

(Acts 1986, No. 86-392, p. 576, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-144

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 7. . Theft by Fraudulent Leasing or Rental of Property.

§ 13A-8-144. Penalties.

The crime of theft by fraudulent leasing or rental of property shall be a Class A misdemeanor if the subject matter of the lease or rental agreement had a value of five hundred dollars ($500) or less; if the value of such property was in excess of five hundred dollars ($500), the crime shall be a Class C felony.

CREDIT(S)

(Acts 1986, No. 86-392, p. 576, § 5; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 8, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 8. . Telecommunication Equipment or Plans, Prohibited Possession, Distribution, Use.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-150

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 8. . Telecommunication Equipment or Plans, Prohibited Possession, Distribution, Use. (Refs & Annos)

§ 13A-8-150. Definitions.

For the purposes of this article, the following definitions shall apply:

(1) MANUFACTURE OF AN UNLAWFUL TELECOMMUNICATION DEVICE. The production or assembly of an unlawful telecommunication device or the modification, alteration, programming, or reprogramming of a telecommunication device to be capable of acquiring or facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider.

(2) PUBLISH. The communication or dissemination of information to any one or more persons, either orally in person, or by telephone, computer network, radio, television, or in a writing of any kind, including, without limitation, a letter or memorandum, circular, handbill, newspaper, magazine article, or book.

(3) TELECOMMUNICATION DEVICE. Any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications, or any part of such instrument, device, machine or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of telephonic, electronic, or radio communication.

(4) TELECOMMUNICATION SERVICE. Any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone, including cellular telephones, wire, radio, electromagnetic, photoelectronic, or photo-optical system.

(5) TELECOMMUNICATION SERVICE PROVIDER. A person or entity providing telecommunication service including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.

(6) UNLAWFUL TELECOMMUNICATION DEVICE. Any electronic serial number, mobile identification number, personal identification number, or any telecommunication device that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a telecommunication service without the consent of the telecommunication service provider. The term includes, but is not limited to, telecommunication devices altered to obtain service without the consent of the telecommunication service provider, tumbler phones, counterfeit or illegally cloned microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access to a communication system operated by a telecommunication service provider. Excluded from being classified as unlawful is a common piece of telephone installation and maintenance equipment known as a dial set or butt-in-ski.

CREDIT(S)

(Acts 1996, No. 96-499, p. 630, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-151

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 8. . Telecommunication Equipment or Plans, Prohibited Possession, Distribution, Use. (Refs & Annos)

§ 13A-8-151. Unlawful acts with respect to telecommunication devices; seizure and destruction unlawful devices, plans, etc.

(a) It shall be unlawful for any person to knowingly do any of the following:

(1) To make, manufacture, distribute, possess, use, or assemble an unlawful telecommunication device or modify, alter, program, or reprogram a telecommunication device designed, adapted, or which is used:

a. For commission of a theft of telecommunication service or to acquire or facilitate the acquisition of telecommunication service without the consent of the telecommunication service provider in violation of this article.

b. To conceal, or assist another to conceal, from any supplier of telecommunication service provider or from any lawful authority the existence, place of origin, or destination of any telecommunication.

(2) To sell, possess, distribute, give, transport, or otherwise transfer to another or offer or advertise for sale any of the following:

a. An unlawful telecommunication device, or plans or instructions for making or assembling the same under circumstances evincing an intent to use or employ the unlawful telecommunication device, or to allow the same to be used or employed, for a purpose described in paragraph a. or paragraph b. above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such unlawful telecommunication device.

b. The material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication device.

(3) To publish plans or instructions for making or assembling or using any unlawful telecommunication device.

(4) To publish the number or code of an existing, cancelled, revoked or nonexistent telephone number, credit number, or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have such telephone number, credit number, credit device or method of numbering or coding so used.

(b) Any unlawful telecommunication device, plans, instructions, or publications described in this section may be seized under warrant or incident to a lawful arrest for a violation of this section, and, upon the conviction of a person for a violation of this section, the unlawful telecommunication device, plans, instructions, or publication may be destroyed as contraband by the sheriff of the county in which the person was convicted or turned over to the person providing telephone or telegraph service in the territory in which the same was seized.

CREDIT(S)

(Acts 1996, No. 96-499, p. 630, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-152

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 8. . Telecommunication Equipment or Plans, Prohibited Possession, Distribution, Use. (Refs & Annos)

§ 13A-8-152. Penalties.

(a) Any person violating any of the provisions of this article shall be guilty of a Class B misdemeanor. However, if the offense involves five or more unlawful telecommunication devices, the person shall be guilty of a Class C felony.

(b) The court shall, in addition to any sentence authorized by law, sentence a person convicted of violating this article to make restitution to any telecommunication service provider wishing restitution.

(c) A telecommunication service provider aggrieved by a violation of this article may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees as are provided by law.

CREDIT(S)

(Acts 1996, No. 96-499, p. 630, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 9, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 9. . Leaving Premises of Gasoline Sales Establishment Without Remitting Payment.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-170

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 9. . Leaving Premises of Gasoline Sales Establishment Without Remitting Payment. (Refs & Annos)

§ 13A-8-170. Violation and penalties.

(a) No person shall drive his or her motor vehicle off the premises of an establishment where gasoline is offered for retail sale after dispensing gasoline into the fuel tank of his or her motor vehicle if the person fails to remit payment or make an authorized charge for the gasoline that was dispensed.

(b) A person who violates this section shall be guilty of a Class A misdemeanor.

(c) The driver's license of a person convicted for a second or subsequent offense of violating this section shall be suspended as follows:

(1) On a second conviction, the driver's license of the person shall be suspended for a period of six months.

(2) On a third or subsequent conviction, the driver's license of the person shall be suspended for a period of one year.

(d) The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety.

CREDIT(S)

(Act 99-567, p. 1219, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 8, Art. 10, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-190

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-190. Short title.

This article shall be known as “The Consumer Identity Protection Act.”

CREDIT(S)

(Act 2001-312, p. 399, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-191

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-191. Definitions.

For purposes of this article, the following words shall have the following meanings:

(1) IDENTIFICATION DOCUMENTS. Any papers, cards, or other documents issued by federal, state, or local governmental authorities that are used specifically to identify a person. Identification documents include, but are not limited to, driver's licenses, military identification cards, passports, birth certificates, Social Security cards, and other government-issued identification cards.

(2) IDENTIFYING INFORMATION. Any information, used either alone or in conjunction with other information, that specifically identifies a person or a person's property, and includes, but is not limited to, any of the following information related to a person:

a. Name.

b. Date of birth.

c. Social Security number.

d. Driver's license number.

e. Financial services account numbers, including checking and savings accounts.

f. Credit or debit card numbers.

g. Personal identification numbers (PIN).

h. Electronic identification codes.

i. Automated or electronic signatures.

j. Biometric data.

k. Fingerprints.

l. Passwords.

m. Parent's legal surname prior to marriage.

n. Any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services.

(3) VICTIM. A person whose identification documents or identifying information are used to perpetrate a crime created by this article.

CREDIT(S)

(Act 2001-312, p. 399, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-192

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-192. Identity theft.

(a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:

(1) Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.

(2) Obtains goods or services through the use of identifying information of the victim.

(3) Obtains identification documents in the victim's name.

(4) Obtains employment through the use of identifying information of the victim.

(b) Identity theft is a Class B felony.

(c) This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.

(d) Any prosecution brought pursuant to this article shall be commenced within seven years after the commission of the offense.

CREDIT(S)

(Act 2001-312, p. 399, § 3; Act 2003-355, p. 962, § 1;Act 2006-148, p. 218, § 1; Act 2012-368, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-193

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-193. Trafficking in stolen identities.

(a) A person commits the crime of trafficking in stolen identities when, without the authorization, consent, or permission of the victim, he or she manufactures, sells, transfers, purchases, or possesses, with intent to manufacture, sell, transfer, or purchase, identification documents or identifying information for the purpose of committing identity theft.

(b) Possession of five or more identification documents of the same person, or possession of identifying information of five or more separate persons, without the authorization, consent, or permission of the person or persons, shall create an inference that the identities are possessed with intent to manufacture, sell, transfer, or purchase identification documents or identifying information for the purpose of committing identity theft.

CREDIT(S)

(Act 2001-312, p. 399, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-194

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-194. Obstructing justice using a false identity.

(a) A person commits the crime of obstructing justice using a false identity if he or she uses identification documents or identifying information of another person or a fictitious person to avoid summons, arrest, prosecution, or to impede a criminal investigation.

(b) Obstructing justice using a false identity is a Class C felony.

CREDIT(S)

(Act 2001-312, p. 399, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-195

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-195. Restitution for financial loss.

Upon conviction for any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this article to any person whose identifying information was appropriated. Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft of the victim's identification documents or identifying information, including lost wages and attorney's fees. The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation. Additionally, persons convicted of violation of this article shall be assessed an amount of twenty-five dollars ($25) per day and medical expenses for time spent in county or municipal jails or in a state prison facility.

CREDIT(S)

(Act 2001-312, p. 399, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-196

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-196. Situs of crime.

In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the identification documents or identifying information.

CREDIT(S)

(Act 2001-312, p. 399, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-197

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-197. Court records to reflect innocence of victim.

In any case in which a person obtains identification documents or identifying information of another person in violation of this article and uses the documents or information to commit a crime in the name of another person, the court records for the crime shall reflect that the victim of this act did not commit the crime.

CREDIT(S)

(Act 2001-312, p. 399, § 8.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-198

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-198. Order to correct records.

(a) Upon a conviction for any crime in violation of this article or conviction of any other offense which the court finds involved identity theft, and at the victim's request, the sentencing court shall issue any orders necessary to correct any public or private record that contains false information as a result of a criminal violation of this article. Any order shall be under seal and may be released only as prescribed by this section. The order shall include the following information:

(1) Information about financial accounts affected by the crime, including, but not limited to, the name of the financial institution, the account number, amount of money involved in the crime, and the date of the crime.

(2) The specific identifying information and identification documents used to commit the crime.

(3) A description of the perpetrator of the crime.

(b) The victim may release the orders as follows:

(1) The victim may submit this order in any civil proceeding to set aside a judgment against the victim involving the specific account and amounts as determined by the criminal sentencing court. The order shall remain sealed in the civil proceeding.

(2) The victim may submit the order to any governmental entity or private business as proof that any financial accounts therein created or altered were a result of the crime and not the actions of the victim.

CREDIT(S)

(Act 2001-312, p. 399, § 9;Act 2006-148, p. 218, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-199

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-199. Civil action for violation of chapter.

(a) In addition to any other remedies provided by law, a victim who has suffered loss as a result of a criminal violation of this article may bring an action in his or her county of residence or any county in which any part of the crime took place, regardless of whether the defendant who committed the criminal violation was ever actually present in that county, against the defendant to recover the following:

(1) Five thousand dollars ($5,000) for each incident, or three times the actual damages, whichever is greater.

(2) Reasonable attorney's fees and court costs.

(b) The statute of limitations for cases under this section shall be seven years from the earlier of the date of discovery of the offense or the date when the offense reasonably should have been discovered.

CREDIT(S)

(Act 2001-312, p. 399, § 10; Act 2006-148, p. 218, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-200

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-200. Block on false information in credit reports.

(a) As used in this section, the following words shall have the following meanings:

(1) CONSUMER CREDIT REPORT. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.

(2) CONSUMER REPORTING AGENCY. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.

(3) PERSON. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

(b)(1) If a consumer submits to a consumer reporting agency a court order as described in Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ reasonable procedures to block reporting any information in the consumer's credit report identified in the court order that is the result of a criminal violation of the Consumer Identity Protection Act so that the information cannot be reported and, at the consumer's request, include the fact of the order in the consumer's credit report. The consumer reporting agency shall promptly notify the furnisher of the information that a court order has been filed, that a block has been established, and the effective date of the block.

(2) The block on information may be rescinded only by a subsequent order from the court that originally issued the order pursuant to Section 13A-8-198.

(3) If the block of information is rescinded pursuant to this section, the consumer shall be promptly notified in the same manner as the consumers are notified of the reinsertion of information pursuant to Section 611 of the Federal Fair Credit Reporting Act, 15 USC Section 1681i, as amended.

(4) A consumer harmed by an intentional or reckless violation of this section may maintain an action for actual damages caused by a violation of this section and injunctive relief against the person who violated this section. A judgment in favor of the consumer shall include an award of attorney's fees.

(5) It shall be a defense to any action or proceeding brought under this section that the defendant has established and implemented reasonable practices and procedures to comply with the requirements of this section. No action or proceeding may be brought under this section more than two years after the person bringing the action knew or should have known of the alleged violation in subdivision (4).

CREDIT(S)

(Act 2001-312, p. 399, § 11.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-8-201

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 8. Offenses Involving Theft.

Article 10. . The Consumer Identity Protection Act. (Refs & Annos)

§ 13A-8-201. Reissuance of identification documents.

Upon request by a victim of a crime created by this article, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this article shall be reissued at no charge to the victim. An agency may require proof of the criminal activity, such as a police report, before reissuing the identification documents.

CREDIT(S)

(Act 2001-312, p. 399, § 12.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 9, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-1. Definitions.

The following definitions are applicable in this article unless the context otherwise requires:

(1) WRITTEN INSTRUMENT. Such term means:

a. Any paper, document or other instrument containing written or printed matter or its equivalent; and

b. Any token, stamp, seal, badge, trademark or other evidence or symbol of value, right, privilege or identification,

which is capable of being used to the advantage or disadvantage of some person.

(2) COMPLETE WRITTEN INSTRUMENT. One which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.

(3) INCOMPLETE WRITTEN INSTRUMENT. One which contains some matter by way of content or authentication, but which requires additional matter in order to render it a complete written instrument.

(4) FALSELY MAKE. To “falsely make” a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument, which purports to be authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof.

(5) FALSELY COMPLETE. To “falsely complete” a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without lawful authority, so that the completed written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

(6) FALSELY ALTER. To “falsely alter” a written instrument means to change, without lawful authority, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, addition or transportation of matter, or in any other manner, so that the instrument so changed falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

(7) FORGED INSTRUMENT. A written instrument which has been falsely made, completed or altered.

(8) INTENT TO DEFRAUD. A purpose to use deception, as defined in Section 13A-8-1(1), or to injure another person's interest which has value, as defined in Section 13A-8-1(14).

(9) PROPERTY.Such term is defined as in Section 13A-8-1(10).

(10) SERVICES.Such term is defined as in Section 13A-8-10(b).

(11) GOVERNMENT.Such term is defined as in Section 13A-8-1(5).

(12) UTTER.To “utter” means to directly or indirectly offer, assert, declare or put forth a forged instrument as genuine.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4001.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-2. Forgery in the first degree.

(a) A person commits the crime of forgery in the first degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

(1) Part of an issue or series of stamps, securities or other valuable instruments issued by a government or governmental agency; or

(2) Part of an issue or series of stock, bonds or other instruments representing interests in or claims against a business enterprise or its property.

(b) Forgery in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4005.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-3. Forgery in the second degree.

(a) A person commits the crime of forgery in the second degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

(1) A deed, will, codicil, contract, assignment or a check, draft, note or other commercial instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or

(2) A public record, or an instrument filed or required or authorized by law to be filed in a public office or with a public employee; or

(3) A written instrument officially issued or created by a public office, public employees or government agency.

(b) Forgery in the second degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4006; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-4. Forgery in the third degree.

(a) A person commits the crime of forgery in the third degree if, with intent to defraud, he falsely makes, completes or alters a written instrument.

(b) Forgery in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4007.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-5. Criminal possession of forged instrument in the first degree.

(a) A person commits the crime of criminal possession of a forged instrument in the first degree if he possesses or utters any forged instrument of a kind specified in Section 13A-9-2 with knowledge that it is forged and with intent to defraud.

(b) Criminal possession of a forged instrument in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4010.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-6

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-6. Criminal possession of forged instrument in the second degree.

(a) A person commits the crime of criminal possession of a forged instrument in the second degree if he possesses or utters any forged instrument of a kind specified in Section 13A-9-3 with knowledge that it is forged and with intent to defraud.

(b) Criminal possession of a forged instrument in the second degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4011.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-7

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-7. Criminal possession of forged instrument in the third degree.

(a) A person commits the crime of criminal possession of a forged instrument in the third degree if he possesses or utters a forged instrument of a kind covered in Section 13A-9-4 with knowledge that it is forged and with intent to defraud.

(b) Criminal possession of a forged instrument in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4012.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-8

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-8. Limitation on criminal liability for forgery and criminal possession of forged instrument.

A person may not be punished for both the offense of forgery and the offense of criminal possession of a forged instrument with respect to the same instrument, unless arising out of separate and distinct transactions.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4015.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-9

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-9. Criminal possession of forgery device.

(a) A person commits the crime of criminal possession of a forgery device if he makes or possesses with knowledge of its character any plate, die or other device, appliance, apparatus, equipment or article specifically designed or adapted for use in forging written instruments with intent to use it himself, or to aid or permit another to use it for purposes of forgery.

(b) Criminal possession of a forgery device is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4020.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-10

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-10. Criminal simulation.

(a) A person commits the crime of criminal simulation if:

(1) He makes or alters any object, with intent to defraud, so that it appears to have an antiquity, value, rarity, source or authorship that it does not in fact possess; or

(2) He possesses or utters an object so simulated with knowledge of its true character and with intent to defraud.

(b) Criminal simulation is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4025.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-11

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-11. Obtaining signature by deception.

(a) A person commits the crime of obtaining a signature by deception if with intent to defraud or to acquire a substantial benefit for himself or another, he causes another by deception to sign or execute a written instrument.

(b) The definition of “deception” in Section 13A-8-1(1) applies to this section also.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4030.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-12

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-12. Offering false instrument for recording; nullifaction or expungement from record.

(a) A person commits the crime of offering a false instrument for recording if, knowing that a written instrument relating to or affecting real or personal property, or an interest therein, or directly affecting contractual relationships contains a material false statement or material false information, and with intent to defraud, he presents or offers it to a public office or a public employee, with the knowledge that it will be registered, filed or recorded or become a part of the records of that public office or public employee.

(b) Offering a false instrument for recording is a Class A misdemeanor.

(c) A person commits the crime of offering a false instrument for recording against a public servant if the person offers, for recording, a written instrument which relates to or affects the real or personal property, or an interest therein, or a contractual relationship of a public servant, knowing that the written instrument contains a materially false statement or materially false information, with the intent to defraud, intimidate, or harass the public servant, or to impede the public servant in the performance of his or her duties. For the purposes of this subsection, public servant is defined as in Section 13A-10-1.

(d) Offering a false instrument for recording against a public servant is a Class C felony.

(e) A recording official may nullify or expunge from an official record a false or fraudulent lien or instrument. A person or entity whose rights are affected by the filing of a lien or other instrument may petition a recording official to nullify or expunge the filing. If a lien or instrument is recorded with more than one recording official, then the petitioner may file such a petition with any such recording official, but may file only one such petition and any decision rendered on that petition in accordance with the procedures outlined in this subsection shall be equally applicable to all other filings. Such petition shall be in writing and sworn under oath and based upon the personal knowledge of the petitioner. A copy of such petition shall be delivered via certified and first class mail to the person or entity who filed the lien or instrument or who claims the rights or interests thereby at an address shown on the lien or instrument. Within 14 days of the filing of such a petition, the recording official shall give written notice of the filing of the petition to the person or entity who filed the lien or instrument or who claims the rights or interests thereby. Such notice shall be sent by certified and first class mail, shall be deemed delivered when placed in the mail, and shall state that any additional proof of the validity of the lien or instrument shall be filed with the recording official within 14 days of the date of mailing the notice and that the failure to do so could result in the lien or instrument being nullified or expunged. If the recording official does not grant the petition within 28 days of the date that it is filed, the petition shall be deemed denied. An order granting or denying a petition, if rendered, shall be delivered to the parties by the recording official by certified first class mail, but shall not be enforced, acted upon, or effective before the expiration of 28 days from the date of mailing or the final adjudication of any and all appeals of that decision, at which time any final order granting the petition shall be recorded and indexed in order to provide notice that the lien or instrument has been nullified or expunged. A party may appeal the decision of the recording official to the circuit court of any county where the lien or instrument was filed or to the Circuit Court of Montgomery County, Alabama. Such appeals must be filed within 28 days of the recording official's order or deemed denied. Such appeals shall be filed and commenced as a civil action under the Alabama Rules of Civil Procedure, which shall otherwise apply to such actions on appeal. A notice of the appeal shall also be filed with the recording official, who shall file the notice as a lis pendens filing. The appeal shall be de novo by the circuit court without a jury. The prevailing party on appeal shall be entitled to a judgement against the other party for the prevailing party's attorneys fees and expenses arising out of and relating to the appeal, and court costs shall be taxed against the non-prevailing party. The remedy and procedure provided in this subsection is not exclusive or mandatory. Nothing in this subsection shall prevent the enforcement or challenge of any recorded lien or instrument as may otherwise be allowed by law. Nothing in this section alters or modifies any other requirements for the filing, enforcement, or challenge of any lien or instrument required or allowed by law.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4035; Act 2012-209, §§ 1, 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-13

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-13. Negotiating worthless negotiable instrument. Repealed by Acts 1980, No. 80-200, p. 279, § 5, effective April 15, 1980.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-13.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-13.1. Negotiating worthless negotiable instrument -- Generally.

(a) A person commits the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers a negotiable instrument for a thing of value and with the intent, knowledge, or expectation that it will not be honored by the drawee.

(b) For the purposes of this section, it is prima facie evidence that the maker or drawer intended, knew, or expected that the instrument would not be honored in any of the following instances:

(1) The maker or drawer had no account with the drawee at the time the negotiable instrument was negotiated or delivered, as determined according to Section 7-3-503(2).

(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery, and the maker or drawer shall not have paid the holder thereof the amount due thereon, together with a service charge of not more than (fill in appropriate amount as provided by law), within 10 days after receiving written notice from the holder of the instrument that payment was refused upon the instrument, as provided in Section 13A-9-13.2.

(3) Notice that payment was refused is mailed by certified or registered mail and is returned undelivered to the sender, when the notice is mailed within a reasonable time after dishonor to the address printed on the instrument or given by the maker or drawer at the time of issuance of the instrument.

(d) The definition of “negotiable instrument” in Section 7-3-104 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.

(e) The definition of “negotiation” in Section 7-3-202 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.

(f) The definition of “delivery” in Section 7-1-201(14) applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.

CREDIT(S)

(Acts 1980, No. 80-200, p. 279, § 1; Acts 1989, No. 89-807, p. 1608, § 2; Acts 1991, No. 91-319, p. 578, § 1; Acts 1997, No. 97-413, p. 679, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-13.2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-13.2. Negotiating worthless negotiable instrument -- Notice of refusal of payment upon instrument.

For purposes of Section 13A-9-13.1:

(1) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering, or delivering the instrument.

(2) The form of notice shall be substantially as follows:

“This statutory notice is provided pursuant to Section 13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered .........., apparently issued by you on .......... (date), drawn upon .......... (name of bank), and payable to ......, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of not more than (fill in appropriate amount provided by law), the total amount due being $....... Unless this amount is paid in full within the specified time above, the holder of such check or instrument may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution.”

(3) Any party holding a worthless negotiable instrument and giving notice in substantially similar form to that provided in subdivision (2) of this section shall be immune from civil or criminal liability for the giving of the notice and for proceeding under the forms of the notice.

CREDIT(S)

(Acts 1980, No. 80-200, p. 279, § 2; Acts 1989, No. 89-807, p. 1608, § 2; Acts 1991, No. 91-319, p. 578, § 1; Acts 1997, No. 97-413, p. 679, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-13.3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-13.3. Negotiating worthless negotiable instrument -- Prima facie evidence of identity.

(a) In any prosecution or action under the provisions of Section 13A-9-13.1, a negotiable instrument for which the information required in subsections (b) and (c) of this section is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the negotiable instrument and that such person was a party authorized to draw upon the named account.

(b) To establish this prima facie evidence, the following information regarding the identity of the party presenting the negotiable instrument shall be requested by the party receiving such instrument: the presenter's name, residence address, and home phone number. Such information may be provided by either of two methods:

(1) It may be recorded upon the negotiable instrument itself; or

(2) The number of a check-cashing identification card issued by the receiving party may be recorded on the negotiable instrument. Such check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.

(c) In addition to the information required in subsection (b) of this section, the party receiving a negotiable instrument shall witness the signature or endorsement of the party presenting such negotiable instrument and, as evidence of such, the receiving party shall initial the negotiable instrument.

CREDIT(S)

(Acts 1980, No. 80-200, p. 279, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-14

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-14. Illegal possession or fraudulent use of credit card or debit card.

(a) A person commits the crime of illegal possession of a credit or debit card if, knowing that he or she does not have the consent of the owner, he or she takes, exercises control over, or otherwise uses the card.

(b) A person commits the crime of fraudulent use of a credit card or debit card if he or she uses, attempts to use, or allows to be used, a credit card or debit card for the purpose of obtaining property, services, or anything else of value with knowledge that:

(1) The card is stolen; or

(2) The card has been revoked or cancelled; or

(3) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card or debit card is issued. The mere use by the original issuee of a credit card or debit card which has expired is not within the provisions of subdivision (b)(3) of this section.

(c) “Credit card” means any instrument or device, including a card to obtain telecommunication services, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, welfare card, a card used to facilitate the transfer of government benefits such as an electronic benefit transfer card (EBT card) or similar card, or a debit card, or by any other name, including an account number, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value, including telecommunication services, on credit or for use in an automated banking device to obtain any of the services offered through the device.

(d) “Debit card” means any instrument or writing or other evidence known by any name issued with or without fee by an issuer for the use of a depositor in obtaining money, goods, services, or anything else of value, payment of which is made against funds previously deposited in an account with the issuer.

(e) Illegal possession of or fraudulent use of a credit card or debit card is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4045; Acts 1978, No. 770, p. 1110, § 1; Acts 1979, No. 79-664, p. 1163, § 1; Act 2000-679, p. 1382, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-14.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-14.1. Fraud by persons authorized to provide goods and services; definitions.

(a) Definitions. For purposes of this section, the following terms shall have the meanings ascribed by this subsection:

(1) ACQUIRER.A business organization including without limitation a merchant, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value.

(2) CARDHOLDER.The person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.

(3) CREDIT CARD TRANSACTION RECORD. Credit card slips, electronically recorded information or other documentation or evidence evidencing a transaction involving a credit card.

(4) CREDIT CARD. Any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, or debit card or by any other name, including an account number, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit or for use in an automated banking device to obtain any of the services offered through the device.

(5) EXPIRED CREDIT CARD. A credit card which is no longer valid because the term shown on it has elapsed.

(6) ISSUER.The business organization or financial institution, or its duly authorized agent, which issues a credit card.

(7) REVOKED CREDIT CARD. A credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.

(b) Illegally obtained or illegally possessed credit card; forged, revoked, or expired credit card. A person who is authorized by an issuer or an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of Section 13A-9-14 or a credit card which such person knows is forged, expired, or revoked violates this subsection (b) and such violation is a Class B felony.

(c) Misrepresentation to issuer or acquirer. A person who is authorized by an issuer or an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, fails to furnish money, goods, services, or anything else of value which such person represents in writing, electronically or otherwise to the issuer or the acquirer that such person has furnished violates this subsection (c) and such violation is a Class B felony.

(d) Illegally laundering credit card transactions. A person who is authorized by an issuer or an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer or the cardholder, presents for payment a credit card transaction record to the issuer, acquirer or any other person violates this subsection (d) and such violation is a Class B felony.

(e) Provisions not exclusive. This section shall not be construed to preclude the applicability of any other provisions of the criminal laws of this state to any transaction which violates this section, unless such provision is inconsistent with the terms of this section.

CREDIT(S)

(Acts 1989, No. 89-521, p. 1067.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-15

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-15. Reporting of credit card lost, stolen or mislaid.

(a) Any person who reports or attempts to report a credit card as being lost, stolen or mislaid knowing the report to be false violates this subsection and shall be fined not more than $1,000.00 or imprisoned not more than one year, or both.

(b) Any cardholder who, with intent to defraud, uses a credit card which has previously been reported lost, stolen or mislaid violates this subsection and shall be fined not more than $1,000.00 or imprisoned not more than one year, or both.

CREDIT(S)

(Code 1975, § 13-4-37; Acts 1975, No. 1225, p. 2557, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-16

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-16. Unlawfully using slugs -- Definitions.

The following definitions apply to Section 13A-9-17:

(1) COIN MACHINE. A coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed:

a. To receive a coin or bill of a certain denomination or a token made for the purpose; and

b. In return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.

(2) SLUG.A metallic or other object or article which by virtue of its size, shape or any other quality is capable of being inserted, deposited or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill or token.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4050.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-17

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-17. Unlawfully using slugs -- Prohibition.

(a) A person commits the crime of unlawfully using slugs if:

(1) With intent to defraud the supplier, or another person, of property or a service sold or offered by means of a coin machine, he inserts, deposits or uses a slug in that machine; or

(2) He makes, possesses or disposes of a slug with intent that it be used unlawfully in a coin machine as provided in subdivision (a)(1) of this section.

(b) Unlawfully using slugs is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4051.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-18

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-18. Criminal impersonation.

(a) A person commits the crime of criminal impersonation if he:

(1) Assumes a false identity and does an act in his assumed character with intent to gain an economic benefit for himself or another or to injure or defraud another; or

(2) Pretends to be a representative of some person or organization and does an act in his pretended capacity with intent to gain an economic benefit for himself or another or to injure or defraud another.

(b) Criminal impersonation is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4055.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-18.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-18.1. Giving of false name or address to a law enforcement officer.

(a) A person commits the crime of giving a false name or address to a law enforcement officer if the person gives a false name or address to a law enforcement officer in the course of the officer's official duties with intent to mislead the officer.

(b) Giving a false name or address to a law enforcement officer is a Class A misdemeanor.

CREDIT(S)

(Acts 1993, No. 93-204, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-19

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-19. Change bills -- Emitting as money.

Any officer or agent of any private corporation or association or any other person who makes, emits, signs or countersigns, or causes or procures to be made, emitted, signed or countersigned, without authority of law, any paper to answer the purpose of money, or for general circulation, shall, on conviction, be fined not more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year.

CREDIT(S)

(Code 1852, § 101; Code 1867, § 3643; Code 1876, § 4433; Code 1886, § 4143; Code 1896, § 5546; Code 1907, § 6426; Code 1923, § 3492; Code 1940, T. 14, § 93; Code 1975, § 13-4-6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-20

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-20. Change bills -- Circulating.

Any person who passes or circulates in this state any paper issued without authority of law to answer the purpose of money shall, on conviction, be fined not less than $20.00 nor more than $100.00.

CREDIT(S)

(Code 1852, § 102; Code 1867, § 3644; Code 1876, § 4434; Code 1886, § 4144; Code 1896, § 5547; Code 1907, § 6427; Code 1923, § 3493; Code 1940, T. 14, § 94; Code 1975, § 13-4-7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-21

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 1. . Forgery and Related Offenses.

§ 13A-9-21. Submitting of false or fraudulent application for certificate of qualification or license to practice medicine.

(a) A person commits the crime of submitting a false or fraudulent application for a certificate of qualification or license to practice medicine if:

(1) In connection with the submission of an application for a certificate of qualification or license to practice medicine, he submits or causes some other person to submit any materially false, fraudulent or deceptive statement in any document connected with the application for certificate of qualification or a license to practice medicine.

(2) In connection with the submission of an application for a certificate of qualification or license to practice medicine, he makes or causes another person to make any false, fraudulent or deceptive statement to the employees, agents or members of the Medical Licensure Commission or Board of Medical Examiners to whom he has submitted an application for a license.

(3) In connection with sitting for an examination administered by the Board of Medical Examiners, he attempts to give assistance to another or attempts to use the assistance of another in answering questions or solving problems contained in the licensing examination.

(4) In connection with sitting for an examination administered by the Board of Medical Examiners, he attempts to use unauthorized notes, symbols of other memorandums to assist him in answering questions or solving problems contained in the licensing examination during the actual administration of the licensing examination.

(5) In connection with sitting for an examination administered by the Board of Medical Examiners, he attempts to use an unauthorized copy of the licensing examination obtained by himself or another person in preparing to sit for the licensing examination.

(6) In connection with an examination administered by the Board of Medical Examiners he attempts to make or obtain an unauthorized copy of the examination or questions of the examination or retains a copy of the examination or a question of the examination which he is directed to return to the board.

(b) Submitting a false or fraudulent application is a Class C felony.

CREDIT(S)

(Acts 1986, No. 86-538, p. 1049.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 9, Art. 2, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices.

Article 2. . Business Frauds.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-40

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-40. Definitions.

(a) The definitions contained in Sections 13A-8-1 and 13A-9-1 are applicable in this chapter unless the context otherwise requires.

(b) “Services” is defined as in Section 13A-8-10(b).

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4101.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-41

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-41. Deceptive business practices.

(a) A person commits the crime of deceptive business practices if in the course of engaging in a business, occupation, or profession, he:

(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or

(2) Sells, offers or exposes for sale, or delivers, less than the represented quantity of any commodity or service; or

(3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

(4) Sells, offers or exposes for sale adulterated commodities; or

(5) Sells, offers or exposes for sale mislabeled commodities.

(b) It shall be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

(c) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.

(d) “Mislabeled” means:

(1) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage; or

(2) Represented as being another person's product, though otherwise labeled accurately as to quality and quantity.

(e) Deceptive business practices is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4105.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-42

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-42. False advertising.

(a) A person commits the crime of false advertising if, in connection with the promotion of a sale, transfer, consumption or use of property or services, he makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

(b) It is a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly in making the false or misleading statement or in causing it to be made. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-43

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-43. Bait advertising.

(a) A person commits the crime of bait advertising if in any manner, including advertising or other means of communication to the public or to a substantial number of persons, he offers to sell property or services with the intent, plan or purpose not to sell or provide the advertised property or services:

(1) At the price at which he offered them; or

(2) In a quantity sufficient to meet the reasonably expected public demand, unless the advertisement discloses a limitation of quantity; or

(3) At all.

(b) Bait advertising is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, ch. 607, p. 812, § 4115; Acts 1978, No. 770, p. 1110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-44

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-44. Limitation on criminal liability for false advertising and bait advertising by broadcasters, publishers, etc.

A television or radio broadcasting station, or a publisher or printer of a newspaper, magazine or other form of printed advertising, which broadcasts, publishes or prints a false advertisement or a bait advertisement of another person or a telephone company which furnishes service to a subscriber, without knowledge of the advertiser's or subscriber's intent, plan or purpose, does not commit a crime under Sections 13A-9-42 and 13A-9-43.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4120.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-45

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-45. Falsifying business records.

(a) A person commits the crime of falsifying business records if, with intent to defraud, he:

(1) Makes or causes a false entry in the business records of an enterprise; or

(2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise when he knows the retention or preservation of a true entry is required by law independent of this section; or

(3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law; or

(4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise when he knows a true entry is required by law independent of this section.

(b) “Enterprise” means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, political or social activity.

(c) “Business record” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.

(d) Falsifying business records is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4125.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-46

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-46. Defrauding secured creditors.

(a) A person commits the crime of defrauding secured creditors if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest.

(b) “Security interest” means an interest in personal property or fixtures as defined in Section 7-1-201(37).

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4130.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-47

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-47. Defrauding judgment creditors.

(a) A person commits the crime of defrauding judgment creditors if he:

(1) With fraudulent intent removes property subject to execution from a county to prevent it being levied upon by an execution; or

(2) Secretes, assigns, conveys or otherwise disposes of property with intent to defraud a judgment creditor.

(b) Defrauding judgment creditors is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4135.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-48

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-48. Fraud in insolvency.

(a) A person commits the crime of fraud in insolvency if, with the intent to defraud a creditor and with knowledge or reason to believe either that proceedings have been or are about to be instituted for the appointment of a receiver or that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he:

(1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate; or

(2) Presents to any creditor or to the receiver any writing or record relating to the debtor's estate, not otherwise within the coverage of Sections 13A-10-101, 13A-10-102 or 13A-10-109, knowing or having reason to believe that it contains a false material statement; or

(3) Misrepresents or refuses to disclose to the receiver, under circumstances not amounting to a violation of Section 13A-10-4, the existence, amount or location of any part of or an interest in debtor's estate, or any other information that he is legally required to furnish to the administrator.

(b) “Receiver” means an assignee or trustee for the benefit of creditors, a conservator, a liquidator or any other person legally entitled to administer property for the benefit of creditors.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4140; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-49

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-49. Issuing false financial statement.

(a) A person commits the crime of issuing a false financial statement if, with intent to defraud, he:

(1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability of himself or some other person and which is inaccurate in some material respect; or

(2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay is accurate with respect to that person's current financial condition or ability to pay, knowing or having reason to believe the instrument to be materially inaccurate in that respect.

(b) Issuing a false financial statement is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4145; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-50

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-50. Receiving deposits in failing financial institution.

(a) A person commits the crime of receiving deposits in a failing financial institution, if, as an officer, manager or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of funds, a general deposit or other investment, knowing or having reason to believe that:

(1) Due to financial difficulties the institution is about to suspend operations or go into receivership or reorganization, and

(2) The person making the deposit or other payment is unaware of the precarious situation of the institution.

(b) Receiving deposits in a failing financial institution is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4150; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-51

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-51. Misapplication of property.

(a) A person commits the crime of misapplication of property if, with knowledge that he is misapplying and that the misapplication involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted, he misapplies or disposes of property that has been entrusted to him as a fiduciary or that is property of the government or a financial institution.

(b) “Fiduciary” includes a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

(c) To “misapply” means to deal with the property contrary to law or governmental regulation of the custody or disposition of that property; “governmental regulation” includes administrative and judicial rules and orders as well as statutes and ordinances.

(d) Misapplication of property is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4155.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-52

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 2. . Business Frauds. (Refs & Annos)

§ 13A-9-52. Sale and delivery of coal mixed with other substances or materials or with different quality of coal.

(a) Any person who knowingly sells and delivers any coal which has been mixed or loaded in the delivery container together with any substance or material other than coal or together with coal of a different quality with intent to defraud the purchaser of such coal or with the intent to obtain a higher price for such coal by inducing the purchaser to believe that such coal is of a higher quality or different quality than is actually delivered shall be guilty of a Class A misdemeanor and shall, upon conviction, be fined not less than $100.00 nor more than $2,000.00 for each offense, and may also be imprisoned in the county jail for not more than one year for each offense; provided, that the blending of coal with coal of a different quality in order to achieve contract specifications is not prohibited by this section.

(b) For the purposes of this section, the sale and delivery of each delivery container shall constitute a separate offense. A delivery container is a truck, railroad car, barge or any other means or device by which coal is delivered to the purchaser. Sale and delivery is consummated when the container is accepted by the purchaser.

CREDIT(S)

(Code 1975, § 13-4-101; Acts 1978, No. 855, p. 1280.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-70

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3. . Charitable Fraud.

§ 13A-9-70. Definitions.

The following words and phrases as used in this article shall have the following meanings unless a different meaning is required by the context:

(1) CHARITABLE ORGANIZATION. Any benevolent, philanthropic, or patriotic person, or one purporting to be such, consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America, which solicits and collects funds for charitable purposes and includes each local, county, or area division within this state of the charitable organization; provided the local, county, or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization.

(2) CHARITABLE PURPOSE. Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America.

(3) CIVIL RIGHTS ORGANIZATION. Any charitable organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code that is organized to protect the rights of persons against deprivation, discrimination, or denial of their right to equal protection of the laws under the Constitution of the United States of America because of color, race, religion, sex, age, disability, or national origin.

(4) COMMERCIAL CO-VENTURER. Any person who for profit or other commercial consideration, conducts, promotes, underwrites, arranges, or sponsors a sale, performance, or event of any kind which is advertised, and which will benefit, to any extent, a charitable or religious organization. However, any such person who will benefit in good will only, is not a commercial co-venturer if the collection and distribution of the proceeds of the sale, performance, or event are supervised and controlled by the benefiting charitable or religious organization.

(5) CONTRIBUTION. The promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority. Reference to the dollar amount of “contributions” in this article means in the case of promises to pay, or payments for merchandise or rights of any other description, the value of the total amount promised to be paid for the merchandise or rights and not merely that portion of the purchase price to be applied to a charitable purpose.

(6) EDUCATIONAL INSTITUTION. A school, college, or other institution which has a defined curriculum, student body, and faculty and which conducts classes on a regular basis.

(7) PERSON. Any individual, organization, group, association, partnership, corporation, trust, or any combination of them.

(8) POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization, whether or not incorporated, which is organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function pursuant to 26 U.S.C. § 527.

(9) PROFESSIONAL FUND RAISER. Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this state for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself or herself out to persons in this state as independently engaged in the business of soliciting contributions for such purposes. A bona fide officer or employee of a charitable organization is not a professional fund raiser unless his or her salary or other compensation is computed on the basis of funds to be raised, or actually raised. This section shall not apply to persons who solicit political campaign contributions on behalf of candidates for public office or initiatives on a ballot.

(10) PROFESSIONAL SOLICITOR. Any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes in this state.

(11) RELIGIOUS ORGANIZATION. Any society, sect, persuasion, mission, church, parish, congregation, temple, convention, or association of any of the foregoing, diocese or presbytery, or other organization, whether or not incorporated, or any employee thereof, no part of the net earnings of which inures to the benefit of any private party or individual associated with such an organization and that otherwise qualifies as an exempt organization under Section 501(c)(3) of Title 26, United States Code, as amended.

CREDIT(S)

(Acts 1987, No. 87-605, p. 1052, § 1; Acts 1996, No. 96-547, p. 786, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-71

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3. . Charitable Fraud.

§ 13A-9-71. Registration of charitable organizations, professional fund raisers, and commercial co-venturers, and professional solicitors; notification of changes; exempt persons; annual report; prohibition against fund raising by unregistered person; contracts between professional fund raisers and commercial co-venturers; appointment of Secretary of State as agent for service of process; use of name of charitable organization without consent; disclosure by solicitors; violations and penalties; injunctive relief.

(a) Every charitable organization, except those granted an exemption in subsection (f), which is physically located in this state, intends to solicit contributions in or from this state, or to have contributions solicited in this state, on its behalf, by other charitable organizations, paid solicitors, or commercial co-venturers in or from this state shall, prior to any solicitation, file a registration statement with the Attorney General upon a form prescribed by the Attorney General containing all of the following information:

(1) The name of the organization and the name or names under which it intends to solicit contributions.

(2) The names and addresses of the officers, directors, trustees, and executive personnel of the organization.

(3) The addresses of the organization and the addresses of any offices in this state. If the organization does not maintain an office, the name and address of the person having custody of its financial records.

(4) The place where and the date when the organization was legally established, the form of its organization, and its tax exempt status.

(5) The purposes for which the organization is organized and the purpose or purposes for which the contributions to be solicited will be used.

(6) The date on which the fiscal year of the organization ends.

(7) Whether the organization is authorized by any governmental authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions.

(8) The names and addresses of any professional fund raisers and commercial co-venturers who are acting or have agreed to act on behalf of the organization.

(b) With the initial registration only, every charitable organization required to be registered shall also file with the Attorney General a copy of the charitable organizational charter, articles of organization or incorporation, agreement of association, instrument of trust, constitution or other organizational instrument and bylaws, and a statement setting forth the place where and the date when the organization was legally established, the form of this organization, and its tax exemption status attaching federal or state tax exemption determination letters.

(c) The registration form shall be signed by the president or other authorized officer and the chief fiscal officer of the organization.

(d) Every charitable organization required to register shall pay a fee of twenty-five dollars ($25) to the Attorney General at the time of registration.

(e) The registration shall remain in effect unless it is either cancelled as provided in this section or withdrawn by the organization. Every registered organization shall notify the Attorney General within 10 days of any change in the information required to be furnished by the organization under subsection (a).

(f) The following persons shall not be required, pursuant to this article, to register with the Attorney General:

(1) Educational institutions and their authorized and related foundations.

(2) Religious organizations.

(3) Political organizations.

(4) Fraternal, patriotic, benevolent, social, educational, alumni, health care foundation, historical, and civil rights organizations, including fraternities and sororities and any auxiliaries associated with any such organizations.

(5) Civic leagues and civic organizations which solicit contributions solely from their own membership.

(6) Persons requesting any contributions for the relief of any individual, specified by the name at the time of the solicitation, if all of the contributions collected do not exceed ten thousand dollars ($10,000) and, without any deductions, are turned over to the named beneficiary.

(7) Any charitable organization which does not intend to solicit and receive and does not actually receive contributions in excess of twenty-five thousand dollars ($25,000) during a fiscal year of the organization, provided all of its fund raising functions are carried on by persons who are not paid for such services. If the gross contributions received by a charitable organization during any fiscal year of that organization are in excess of twenty-five thousand dollars ($25,000), within 30 days after the date it receives total contributions in excess of twenty-five thousand dollars ($25,000), the charitable organization shall register with the Attorney General as required by this section.

(8)a. Any charitable organization receiving an allocation from an incorporated community chest or united fund, provided all of the following requirements have been met:

1. The chest or fund is complying with this section relating to registration and filing of annual reports with the Attorney General.

2. The charitable organization does not actually receive, in addition to an allocation, contributions in excess of twenty-five thousand dollars ($25,000) during the fiscal year.

3. All of the fund raising functions of the charitable organization are carried on by persons who are not paid for such services.

b. If the gross contributions other than the allocation received by the charitable organization during any fiscal year of the charitable organization are in excess of twenty-five thousand dollars ($25,000), the charitable organization shall within 30 days after the date it receives the contributions in excess of twenty-five thousand dollars ($25,000), register with the Attorney General as required by this section.

(9) A local post, camp, chapter, or similarly designated element, or a county unit of such elements of a bona fide veterans organization, which issues charters to local elements throughout this state, or a bona fide organization of volunteer firefighters, ambulance companies, or rescue squads, or a bona fide auxiliary or affiliate of such organizations, provided all of its fund raising activities are carried on by members of the organization, family members of the members of the organization, volunteers, or an affiliate of the organization and the members receive no compensation, directly or indirectly, therefor.

(g) Every charitable organization registered pursuant to subsection (a) shall, within 90 days of the close of its fiscal year ending after the date on which the charitable organization files its initial registration pursuant to subsection (a), file an annual written report. Each annual report shall be sworn to under oath, shall be in the form prescribed by the Attorney General and shall include a financial statement covering the fiscal year, clearly setting forth the gross income, expenses, and net income inuring to the benefit of the charitable organization, a balance sheet as of the close of the fiscal year, and a schedule of the activities carried on by the charitable organization in the performance of its purposes and the amounts expended thereon during the fiscal year. An organization may also meet this requirement by submitting a copy of the Form 990 submitted to the Internal Revenue Service as required by federal law. A fee of twenty-five dollars ($25) payable to the Attorney General shall accompany the report at the time of filing.

(1) The Attorney General shall cancel the registration of any charitable organization which fails within the time herein prescribed to comply with this section, or fails to furnish any additional information requested by the Attorney General within the required time. The Attorney General may extend the time for filing the reports for a period not to exceed 180 days. Notice of cancellation pursuant to this subsection shall be mailed to the registrant at least 15 days before the effective date thereof.

(2) All records, books, and reports maintained by any charitable organization registered or required to register pursuant to subsection (a) shall be available for inspection during normal business hours at the principal office of the organization, by the Attorney General, or the duly authorized representative of the Attorney General.

(h) No person shall act as a professional fund raiser or commercial co-venturer either before he or she registers with the Attorney General, or after the expiration or cancellation of his or her registration and prior to renewal thereof. Applications for registration and renewal shall be in writing, under oath, in the form prescribed by the Attorney General, and shall be accompanied by an annual fee in the amount of one hundred dollars ($100).

(1) The applicant shall at the time of making application, file with, and have approved by the Attorney General, a bond in which the applicant shall be the principal obligor in the sum of ten thousand dollars ($10,000) with one or more sureties whose liability in the aggregate as sureties will at least equal that sum. The bond shall run to the Attorney General for the use of the state and to any person who may have a cause of action against the obligor of the bond for any malfeasance or misfeasance in the conduct of the solicitation.

(2) Registration shall be for the period of one year, or a part thereof, expiring on the 30th day of September and may be renewed upon written application under oath, in the form prescribed by the Attorney General, the filing of the bond, and the payment of the fee prescribed for an additional one-year period. Applications, registrations, renewals, and bonds, when filed with the Attorney General, shall become public records in the Office of the Attorney General.

(3) A professional fund raiser or commercial co-venturer shall maintain accurate and current books and records of his or her activities while required to be registered under this section and until at least two years have elapsed at the end of the effective period of the registration to which they relate. He or she shall keep the books and records in his or her office available for inspection and examination by the Attorney General, or the duly authorized representative of the Attorney General.

(i) All contracts entered into between professional fund raisers or commercial co-venturers and charitable organizations shall be in writing. A true and correct copy of each contract shall be filed by the professional fund raiser or commercial co-venturer with the Attorney General within 10 days after it is executed. No services shall be performed under a contract until the expiration of 15 days from the date the contract is filed with the Attorney General. Within 90 days after the termination of the contract, the professional fund raiser or commercial co-venturer shall file a closing statement with the Attorney General disclosing gross receipts and all expenditures incurred in the performance of the contract.

(j) No person shall act as a professional solicitor in the employ of a professional fund raiser who is required to register pursuant to this section before he or she has registered with the Attorney General or after the expiration or cancellation of the registration or any renewal thereof. Application for registration shall be in writing, under oath, in the form prescribed by the Attorney General and shall be accompanied by a fee in the amount of twenty-five dollars ($25). Registration when effected shall be for a period of one year, or a part thereof, expiring with the 30th day of September and may be renewed upon written application, under oath, in the form prescribed by the Attorney General and the payment of the fee prescribed herein for additional one-year periods. Applications for registration, when filed with the Attorney General, shall become public records in the Office of the Attorney General.

(k) Any charitable organization, professional fund raiser, professional solicitor, or commercial co-venturer which is subject to this article, having its principal place of business outside this state, or organized under and by virtue of the laws of a foreign state, shall be deemed to have irrevocably appointed the Secretary of State as its agent upon whom may be served any summons, subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund raiser, professional solicitor, or commercial co-venturer, or any partner, principal officer, or director thereof, in any action or proceeding brought pursuant to this article. Service of process upon the Secretary of State shall be made by personally delivering a copy to the Office of the Secretary of State and depositing it with the Secretary of State or his or her agent. Service shall be sufficient if notice of the service and a copy of the process shall be forthwith sent by the Secretary of State to the charitable organization, professional fund raiser, commercial co-venturer, or other person to whom it is directed, by registered mail, with return receipt requested, to the last address known to the Secretary of State.

(l) No person, except an officer, director, or trustee of the charitable organization by or for whom contributions are solicited, shall for the purpose of soliciting contributions from persons in this state, use the name of any charitable organization without the consent of the charitable organization.

(m) A person shall be deemed to have used the name of a charitable organization for the purpose of soliciting contributions if the latter charitable organization's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or his or her name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.

(n) Nothing contained in this section shall prevent the publication of names of contributors without their written consent in an annual or other periodic report issued by a charitable organization for the purpose of reporting its operations and affairs to its membership or for the purpose of reporting contributions to contributors.

(o) No charitable organization or professional fund raiser soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.

(p) Every individual in the process of soliciting funds shall identify himself or herself. If the individual is being paid for soliciting, he or she shall so inform the solicitee of his or her being so paid. This information shall be disclosed to the solicitee in a clear manner before attempting any solicitations.

(q) Any solicitor or person who knowingly violates the provisions of this section shall be guilty of charitable fraud. The initial conviction of charitable fraud shall be a Class A misdemeanor. A second or subsequent conviction of charitable fraud shall be a Class C felony.

(r) In addition to all other remedies provided by law, the Attorney General, or a district attorney, may bring an action to enjoin the violation of this section. The Attorney General, or district attorney, may give at least 15 days written notice by registered or certified mail to the charitable organization, person, or persons violating the provisions hereof. The notice shall require that registration be accomplished or that the solicitation of funds be immediately terminated. The failure to immediately discontinue solicitation, or to register in accordance with this section, shall be unlawful and the charitable organizations or persons committing the violation shall forfeit and pay a penalty of not more than five thousand dollars ($5,000) upon petition by the Attorney General or a district attorney acting in the name of the state. The Attorney General shall have the authority to formulate rules and regulations interpreting this section as necessary to the administration and enforcement of its provisions.

CREDIT(S)

(Acts 1987, No. 87-605, p. 1052, § 2; Acts 1996, No. 96-547, p. 786, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-72

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3. . Charitable Fraud.

§ 13A-9-72. Theft of property by charitable fraud.

A professional fund raiser or solicitor who commits both of the following acts shall be guilty of theft of property by charitable fraud:

(1) Knowingly represents that he or she is soliciting funds for a charitable organization without the charitable organization's consent.

(2) Receives any contributions which are not delivered to the charitable organization either:

a. Within 30 days after receipt, or

b. Within 10 days upon request therefor by the charitable organization, whichever is sooner.

CREDIT(S)

(Acts 1987, No. 87-605, p. 1052, § 3; Acts 1996, No. 96-547, p. 786, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-73

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3. . Charitable Fraud.

§ 13A-9-73. Charitable fraud in the first degree.

(a) Theft of property by charitable fraud which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud in the first degree.

(b) Theft of property by charitable fraud in the first degree is a Class B felony.

CREDIT(S)

(Acts 1987, No. 87-605, p. 1052, § 4; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-74

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3. . Charitable Fraud.

§ 13A-9-74. Charitable fraud in the second degree.

(a) Theft of property by charitable fraud which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud in the second degree.

(b) Theft of property by charitable fraud in the second degree is a Class C felony.

CREDIT(S)

(Acts 1987, No. 87-605, p. 1052, § 5; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-75

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3. . Charitable Fraud.

§ 13A-9-75. Charitable fraud in the third degree.

(a) Theft of property by charitable fraud which does not exceed five hundred dollars ($500) in value constitutes theft of property by charitable fraud in the third degree.

(b) Theft of property by charitable fraud in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1987, No. 87-605, p. 1052, § 6; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-76

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3. . Charitable Fraud.

§ 13A-9-76. Enforcement of provisions by injunction, cancellation of registration, etc.; civil penalties.

(a) In addition to any other remedy under this article, the Attorney General of the State of Alabama, the district attorneys of the respective counties of the State of Alabama, or an affected charitable organization may bring an action against a charitable organization, professional fund raiser, professional solicitor, or commercial co-venturer, and any other persons acting for or on their behalf to enjoin the charitable organization and other persons from continuing the solicitation or collection of funds or property or engaging therein or doing any acts in furtherance thereof; and to cancel any registration statement previously filed with the Attorney General whenever the Attorney General or a district attorney shall have reason to believe that the charitable organization is acting in the following manner:

(1) Operating in violation of the provisions of this article.

(2) Refuses or fails, or any of its principal officers refuses or fails, after notice, to produce any records of the charitable organization.

(3) Engages in, or is about to engage in, any solicitation or collection of funds or other property for the charitable organization through the use of any scheme or plan, including any device or artifice, to defraud, or for obtaining money or property by means of false pretense, representation, or promises.

(4) Making, or has made, a material false statement in an application, registration, or statement required to be filed pursuant to this article.

(b) Upon a finding that any person has engaged in or is engaging in any act or practice declared unlawful by this article, the court may make any necessary order or judgment, including, but not limited to, injunctions, restitution, awards of reasonable attorneys' fees, and costs of investigation and litigation, and may award to the state civil penalties up to five thousand dollars ($5,000) for each violation of this article. In requesting injunctive relief, the Attorney General or district attorney shall not be required to establish irreparable harm but only that a violation has occurred or that the requested order promotes the public interest.

(c) Any charitable organization, professional fund raiser, commercial co-venturer, or professional solicitor, their agents or any other person who violates the terms of an injunction or other order entered under this article shall, in addition to other remedies, forfeit and pay to the state a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey the order, each day of continuance of such failure or neglect shall be deemed a separate offense.

CREDIT(S)

(Acts 1987, No. 87-605, p. 1052, § 7; Acts 1996, No. 96-547, p. 786, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 9, Art. 3A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices.

Article 3A. . Unlawful Charitable Solicitation.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-80

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3A. . Unlawful Charitable Solicitation. (Refs & Annos)

§ 13A-9-80. Definitions.

The following words and phrases used in this article shall have the following meanings unless a different meaning is required by the context:

(1) CHARITABLE ORGANIZATION. A person or nonprofit corporation who is or holds himself or herself out to be established for a benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or other eleemosynary purpose, or a person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly, or indirectly, that the solicitation is for a charitable purpose. Charitable organization includes a person, chapter, branch, area office, or a similar affiliate, or agent of any of these, soliciting contributions within the state for a charitable organization or cause that has its principal place of business within or without the state.

(2) CHARITABLE PURPOSE. Any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code.

(3) CONTAINER.Box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution, for solicitation purposes.

(4) DISCLOSURE LABEL. A printed or typed notice affixed to a container, in a conspicuous place and accessible to the public, that is easily readable and legible that informs the public of the following:

a. The approximate annual percentage paid, if any, to any individual or organization to maintain, service, or collect the contributions raised by the solicitation.

b. The net percentage or sum annually paid for the most recent calendar year paid to the specific charitable purpose.

c. If the maintenance, service, and collection from the container is done by volunteers or by paid individuals.

CREDIT(S)

(Acts 1995, No. 95-605, p. 1276, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-81

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3A. . Unlawful Charitable Solicitation. (Refs & Annos)

§ 13A-9-81. Charitable organizations and other persons required to place disclosure labels on containers used for soliciting funds.

Any container used by any person, nonprofit corporation, or charitable organization, or an agent of any of these, whether paid or not paid, in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label as defined by Section 13A-9-80.

CREDIT(S)

(Acts 1995, No. 95-605, p. 1276, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-82

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3A. . Unlawful Charitable Solicitation. (Refs & Annos)

§ 13A-9-82. Person or organization who knowingly violates article is guilty of crime.

Any person or organization who knowingly violates this article shall be guilty of unlawful charitable solicitation. Unlawful charitable solicitation is a Class C misdemeanor and shall be punished as provided by law. It is an absolute defense to any criminal prosecution under this section if the charitable organization has given one hundred percent of the receipts generated by the container to the designated charitable organization for whom the person, nonprofit corporation, charitable organization, or an affiliate or branch of either, or solicitor, represented the funds being solicited.

CREDIT(S)

(Acts 1995, No. 95-605, p. 1276, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-83

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3A. . Unlawful Charitable Solicitation. (Refs & Annos)

§ 13A-9-83. When disclosure label not required.

No charitable organization shall be liable under this article to place a disclosure label on any container that generates less than one hundred dollars ($100) gross per annum or a charitable organization that generates less than five hundred dollars ($500) per year from all sources for any charitable purpose or purposes combined.

CREDIT(S)

(Acts 1995, No. 95-605, p. 1276, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-84

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 3A. . Unlawful Charitable Solicitation. (Refs & Annos)

§ 13A-9-84. Construction with other law.

This article shall be construed together with any law relating to charitable fraud or fraudulent practices, except in the event of a direct conflict with this article.

CREDIT(S)

(Acts 1995, No. 95-605, p. 1276, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 9, Art. 4, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices.

Article 4. . Illegal Possession of Food Stamps.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-90

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 4. . Illegal Possession of Food Stamps. (Refs & Annos)

§ 13A-9-90. Definitions.

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:

(1) FOOD STAMP COUPON. Any coupon, stamp or type of certificate issued pursuant to the provisions of the Food Stamp Act of 1977.

(2) FOOD STAMP AUTHORIZATION CARD. A document issued by the state agency to an eligible household which shows the total value of coupons the household is authorized to receive during each month pursuant to the provisions of the Food Stamp Act of 1977.

CREDIT(S)

(Acts 1987, No. 87-710, p. 1255, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-91

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 4. . Illegal Possession of Food Stamps. (Refs & Annos)

§ 13A-9-91. Illegal possession of food stamps in the first, second and third degree.

(a) A person commits the crime of illegal possession of food stamps if:

(1) He or she knowingly uses, transfers, acquires, alters, or possesses food stamp coupons or food stamp authorization cards in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the regulations issued pursuant to the act; or

(2) He or she presents or causes to be presented food stamp coupons for payment or redemption knowing the same to have been received, transferred, or used in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the regulations pursuant to the act.

(b) Illegal possession of food stamps which exceed two thousand five hundred dollars ($2,500) in value constitutes illegal possession of food stamps in the first degree and is a Class B felony.

(c) Illegal possession of food stamps which exceed five hundred dollars ($500) in value but do not exceed two thousand five hundred dollars ($2,500) in value constitutes illegal possession of food stamps in the second degree and is a Class C felony.

(d) Illegal possession of food stamps which do not exceed five hundred dollars ($500) in value constitutes illegal possession of food stamps in the third degree and is a Class A misdemeanor.

CREDIT(S)

(Acts 1987, No. 87-710, p. 1255, § 2; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-92

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 4. . Illegal Possession of Food Stamps. (Refs & Annos)

§ 13A-9-92. Revocation of liquor license for illegal possession of food stamps.

Any person, licensed to engage in alcoholic beverage transactions in this state pursuant to the Alcoholic Beverage Licensing Code, Chapter 3A of Title 28, who commits the crime of illegal possession of food stamps, shall, upon conviction thereof, in addition to the criminal penalties provided in this article, have his liquor license revoked by the alcoholic beverage control board and no future license or permit shall be issued or granted to any such person for a period of one year from the date of the revocation of the license.

CREDIT(S)

(Acts 1987, No. 87-710, p. 1255, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 9, Art. 5, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices.

Article 5. . Home Repair Fraud.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-110

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 5. . Home Repair Fraud. (Refs & Annos)

§ 13A-9-110. Definitions.

As used in this article, unless the context clearly requires otherwise, the following words and terms shall have the following meanings:

(1) HOME REPAIR. a. The repairing, replacing, altering, or the construction or renovation of an addition to a building on real property which is or will be primarily used as a residence.

b. Home repair shall include: The construction, installation, replacement, repairing, or renovation of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fallout shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, roofs, insulation, and other improvements to structures within the residence or upon the real property adjacent thereto.

c. Home repair shall not include: The sale, installation, cleaning, or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement, or connection of any home appliance including, but not limited to, disposals, refrigerators, ranges, garage door openers, television cables, antennas or dishes, washing machines, telephones, or other home appliances when the person replacing, installing, repairing, or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; the performance of repairs to a manufactured home or a mobile home pursuant to a manufacturer's or retailer's warranty or service agreement; or landscaping.

d. Home repair shall not include home repair made by not-for-profit charitable organizations.

(2) PERSON. Any individual, partnership, corporation, business, trust, or other legal entity.

(3) RESIDENCE. A single or multiple family dwelling including, but not limited to, a single-family home, apartment building, condominium, duplex, townhouse, or mobile home which is used or intended to be used by its occupants as their dwelling place.

CREDIT(S)

(Act 2006-580, p. 1525, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-111

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 5. . Home Repair Fraud. (Refs & Annos)

§ 13A-9-111. Elements of the offense.

A person commits the offense of home repair fraud when the person intentionally and knowingly does any of the following:

(1) Enters into an agreement or contract for consideration, written or oral, with a person for home repair, and the offending person knowingly engages in any one or more of the following deceptive activities:

a. Misrepresentation of a material fact relating to the terms of the contract or agreement or the preexisting or existing condition of any portion of the property involved, or the creation or confirmation of another's impression which is false and which the offending person does not believe to be true, or promises performance which the offending person does not intend to perform or knows will not be performed.

b. Use or employment of any deception, false pretense, or false promises in order to induce, encourage, or solicit a person to enter into any contract or agreement.

c. Misrepresentation or concealment of either the offending person's real name or the name of his or her business or business address.

d. Use of deception, coercion, or force to obtain a person's consent to modification of the terms of the original contract or agreement.

(2) Damages the property of a person with the intent to enter into an agreement or contract for home repair.

(3) Misrepresents himself or herself or another person as being an employee or agent of any unit of federal, state, or municipal government or any other governmental unit, or an employee or agent of any public utility, with the intent to cause a person to enter into a contract or agreement for home repair.

CREDIT(S)

(Act 2006-580, p. 1525, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-112

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 5. . Home Repair Fraud. (Refs & Annos)

§ 13A-9-112. Determination of intent and knowledge.

Intent and knowledge of a person alleged to have committed home repair fraud shall be determined by an evaluation of all circumstances surrounding a home repair and the determination shall not be limited to the time of the origination of the contract or agreement.

CREDIT(S)

(Act 2006-580, p. 1525, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-113

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 5. . Home Repair Fraud. (Refs & Annos)

§ 13A-9-113. Substantial performance.

Substantial performance of a home repair contract may be used as a mitigating circumstance and may be raised as a defense by a person alleged to have committed home repair fraud. Home repair performed in a manner which is of little or no value, or home repair that fails to materially comply with the appropriate municipal, county, state, or federal building regulations or codes is not substantial performance.

CREDIT(S)

(Act 2006-580, p. 1525, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-114

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 5. . Home Repair Fraud. (Refs & Annos)

§ 13A-9-114. Penalties.

Violations of this article shall be punished as follows:

(1) A first conviction shall be a Class A misdemeanor.

(2) A second or subsequent conviction shall be a Class C felony.

CREDIT(S)

(Act 2006-580, p. 1525, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-115

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 5. . Home Repair Fraud. (Refs & Annos)

§ 13A-9-115. Restitution.

In addition to any other sentence the court may impose pursuant to Section 13A-9-114, the court shall order the defendant to make restitution to the victim as a condition of probation, either within a specified period of time or in specified installments. The order shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay the amounts ordered at the time of sentencing. Intentional refusal to make restitution pursuant to a court order may be considered as grounds for revocation of the person's probation or suspension of sentence.

CREDIT(S)

(Act 2006-580, p. 1525, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 9, Art. 6, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices.

Article 6. . Alabama Residential Mortgage Fraud Act.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-9-130

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 9. Forgery and Fraudulent Practices. (Refs & Annos)

Article 6. . Alabama Residential Mortgage Fraud Act. (Refs & Annos)

§ 13A-9-130. Residential mortgage fraud.

(a) This article shall be known and may be cited as the Alabama Residential Mortgage Fraud Act.

(b) For the protection of the general public, including borrowers and lending institutions, and for the integrity of the mortgage lending process, the Legislature enacts the “Alabama Residential Mortgage Fraud Act.”

(c)(1) An individual commits the offense of residential mortgage fraud when with the intent to defraud, he or she does any of the following:

a. Knowingly makes any material deliberate misstatement or misrepresentation, knowing the same to be a misstatement or misrepresentation during the mortgage lending process with the specific intention that it be relied on by a mortgage broker, mortgage lender, mortgage servicer, mortgage processor, borrower, or any other party to the mortgage lending process.

b. Knowingly uses or facilitates the use of any material deliberate and known misstatement or misrepresentation knowing the same to contain a misstatement or misrepresentation during the mortgage lending process with the specific intention that it be relied on by a mortgage broker, mortgage lender, mortgage servicer, mortgage processor, borrower, or any other party to the mortgage lending process.

c. Files or causes to be filed with any public office any document that the person knows to contain a material deliberate misstatement or misrepresentation with the specific intent to cause a residential mortgage fraud.

(2) For the purposes of venue, any violation of this section shall be considered to have been committed at any of the following:

a. In the county in which the residential property for which a mortgage loan is being sought is located.

b. In any county in which any act was performed in furtherance of this violation.

c. In any county in which any individual alleged to have violated this section had control or possession of any proceeds of this violation.

d. If a closing occurred, in any county in which the closing occurred.

e. In any county in which a document containing a deliberate misstatement, misrepresentation, or omission was filed with a public official.

(3) District attorneys and the Attorney General shall have the authority to conduct the criminal investigations of all cases of residential mortgage fraud under this section.

(4)a. Residential mortgage fraud is a Class C felony.

b. Each residential mortgage transaction subject to a violation of this section shall constitute a separate offense and shall not merge with any other crimes set forth in this section.

CREDIT(S)

(Act 2009-752, p. 2275, §§ 1-3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 10, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-1. Definitions.

The following definitions apply in this article only unless the context otherwise requires:

(1) FIREMAN. Any officer of a fire department, a member of a volunteer fire department, or any other person vested by law with the duty to extinguish fires.

(2) GOVERNMENT. The state, county, municipality, or other political subdivision thereof, including public county and city boards of education, the youth services department district, the Alabama Institute for Deaf and Blind, and all educational institutions under the auspices of the State Board of Education.

(3) GOVERNMENTAL FUNCTION. Any activity which a public servant is legally authorized to undertake on behalf of a government or the fire control activities of a member of a volunteer fire department.

(4) GOVERNMENTAL RECORD. Any record, paper, document, or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government. Any educational attendance, membership, or financial report, or a student's school transcript.

(5) PEACE OFFICER. Any public servant vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

(6) PROPERTY. Any real or personal property, including books, records, and documents.

(7) PUBLIC SERVANT. Any officer or employee of government, including legislators and judges and any person or agency participating as an adviser, consultant, or otherwise in performing a governmental function.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4501; Acts 1987, No. 87-804, p. 1578; Act 2006-423, p. 1049, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-2

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-2. Obstructing governmental operations.

(a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he:

(1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function; or

(2) Intentionally prevents a public servant from performing a governmental function.

(b) This section does not apply to the obstruction, impairment or hindrance of the making of an arrest.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4505.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-3

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-3. Refusal to permit inspection.

(a) A person commits the crime of refusing to permit inspection of property that is owned, possessed or otherwise subject to his control if, a public servant is legally authorized to inspect such property and an attempt is being made to exercise that authority and he:

(1) Refuses to produce the property for a reasonable inspection; or

(2) Refuses to permit a reasonable inspection.

(b) For the purposes of this section, “legally authorized inspection” includes any lawful search, sampling, testing or other examination of property, in connection with the regulation of the defendant's business or occupation, that is authorized by law.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4510; Acts 1979, No. 79-664, p. 1163, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-4

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-4. Failing to file required report.

(a) A person commits the crime of failing to file a required report if, knowing that he is required by law to submit a written report to a designated public servant, he intentionally fails to submit the report within the time provided by law.

(b) Failure to submit a report within 10 days after receipt of proper notification that the report legally is due shall constitute prima facie evidence of:

(1) Knowledge of a legal duty to submit the report; and

(2) Intentional failure to submit the report.

(c) This section applies to the failure to submit a specific report only when a separate statutory provision makes such failure subject to the operation of this section.

(d) Failing to file a required report is a violation.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4515.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-5

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-5. Refusing to aid peace officer.

(a) A person commits the crime of refusing to aid a peace officer if, upon command by a peace officer identified to him as such, he fails or refuses to aid such peace officer in:

(1) Effecting or securing a lawful arrest; or

(2) Preventing the commission by another person of any offense.

(b) A person is not liable under this section if the failure or refusal to aid the officer was reasonable under the circumstances. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4520.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-5.1

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-5.1. Disarming a law enforcement or corrections officer.

(a) A person commits the crime of disarming a law enforcement or corrections officer if the person intentionally removes a firearm or weapon from a law enforcement or corrections officer or deprives a law enforcement or corrections officer of the use of a firearm or weapon when the officer is acting within the scope of his or her duties and the person knows or reasonably should have known that the individual is a law enforcement or corrections officer.

(b) The crime of disarming a law enforcement or corrections officer is a Class C felony.

CREDIT(S)

(Act 2012-369, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-6

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-6. Refusing to assist in fire control.

(a) A person commits the crime of refusing to assist in fire control if, upon command by a fireman or peace officer identified to him as such, he intentionally disobeys a reasonable order or regulation made in relation to the conduct of persons in the vicinity of a fire.

(b) Refusing to assist in fire control is a Class C misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4525.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-7

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-7. Compounding.

(a) A person commits the crime of compounding if he gives or offers to give, or accepts or agrees to accept, any pecuniary benefit or other thing of value in consideration for:

(1) Refraining from seeking prosecution of a crime; or

(2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to the crime.

(b) It is a defense to a prosecution under this section that the pecuniary benefit did not exceed an amount which the actor reasonably believed to be due as restitution or indemnification for harm caused by the offense. The burden of injecting this defense is on the defendant.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4530.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-8

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-8. Rendering a false alarm.

(a) A person commits the crime of rendering a false alarm if he knowingly causes a false alarm of fire or other emergency involving danger to person or property to be transmitted to or within an official or volunteer fire department or any other governmental agency or to be transmitted to or within a hospital or nursing home or any building housing handicapped or immobile people.

(b) Rendering a false alarm except a false alarm concerning a hospital or nursing home or other building housing handicapped or immobile people to or within an official or volunteer fire department or any other governmental agency is a Class A misdemeanor. Rendering a false alarm concerning or to or within a hospital or nursing home or any building housing handicapped or immobile people shall be a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4535; Acts 1979, No. 79-664, p. 1163, § 1; Acts 1981, No. 81-658.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-9

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-9. False reporting to law enforcement authorities.

(a) A person commits the crime of false reporting to law enforcement authorities if he knowingly makes a false report or causes the transmission of a false report to law enforcement authorities of a crime or relating to a crime.

(b) False reporting to law enforcement authorities is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4540; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-10

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-10. Impersonating public servant.

(a) A person commits the crime of impersonating a public servant if he falsely pretends to be a public servant and does any act in that capacity.

(b) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4545.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-11

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-11. Impersonating peace officer.

(a) A person commits the crime of impersonating a peace officer if he falsely pretends to be a peace officer and does any act in that capacity.

(b) Impersonating a peace officer is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4550.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-12

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-12. Tampering with governmental records.

(a) A person commits the crime of tampering with governmental records if:

(1) He knowingly makes a false entry in or falsely alters any governmental record; or

(2) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes or otherwise substantially impairs the verity or availability of any governmental record; or

(3) Knowing he lacks the authority to retain a governmental record he refuses to deliver up the record in his possession upon proper request of a person lawfully entitled to receive such record for examination or other purposes.

(b) Tampering with governmental records is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4555.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-13

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-13. Unlawful use of great seal of state or printing of official identification card.

(a) It is unlawful for anyone to use an image or facsimile of the Great Seal of the State of Alabama as described in Section 1-2-4 for any commercial purpose.

(b) It is unlawful for anyone to print or distribute, or both, a facsimile of an official identification card issued by the Department of Public Safety, which does not have a disclaimer of the authenticity of the card printed on the front of the card. The disclaimer shall be of the same size and type as the type used for the largest type on the facsimile of an official identification card.

CREDIT(S)

(Acts 1994, No. 94-716, §§ 1, 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-14

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-14. Unlawful use of facsimile of official identification card.

(a) It is unlawful for anyone to possess and present a facsimile of an official identification card issued by the Department of Public Safety.

(b) It is a Class A misdemeanor for any person to possess and present such a facsimile of an official identification card as described in subsection (b) of Section 13A-10-13.

CREDIT(S)

(Acts 1994, No. 94-716, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-15

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 1. . Obstruction of Public Administration.

§ 13A-10-15. Terrorist threats.

(a) A person commits the crime of making a terrorist threat when he or she threatens by any means to commit any crime of violence or to damage any property by doing any of the following:

(1) Intentionally or recklessly:

a. Terrorizing another person.

b. Causing the disruption of school activities.

c. Causing the evacuation of a building, place of assembly, or facility of public transportation, or other serious public inconvenience.

(2) With the intent to retaliate against any person who:

a. Attends a judicial or administrative proceeding as a witness or party or produces records, documents, or other objects in a judicial proceeding.

b. Provides to a law enforcement officer, adult or juvenile probation officer, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state, of the United States, or a violation of conditions of bail, pretrial release, probation, or parole.

(b) The crime of making a terrorist threat is a Class C felony.

CREDIT(S)

(Act 2000-807, p. 1919, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 10, Art. 2, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration.

Article 2. . Escape and Other Offenses Relating to Custody.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-30

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-30. Definitions.

(a) The definitions contained in Section 13A-10-1 are applicable in this article unless the context requires otherwise.

(b) The following definitions are also applicable to this article:

(1) CUSTODY.A restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of court, but does not include mere supervision of probation or parole, or constraint incidental to release on bail.

(2) DETENTION FACILITY. Any place used for the confinement, pursuant to law, of a person:

a. Charged with or convicted of a criminal offense; or

b. Charged with being or adjudicated a youthful offender, or a neglected minor or juvenile delinquent; or

c. Held for extradition; or

d. Otherwise confined pursuant to an order of court.

(3) PENAL FACILITY. Any security correctional institution for the confinement of persons arrested for, charged with or convicted of a criminal offense, including but not limited to the following security facilities: the state penitentiary and any branch thereof or any county or city jail.

(4) CONTRABAND.Any article or thing which a person confined in a detention facility is legally prohibited from obtaining or possessing by statute, rule, regulation or order.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4601; Acts 1978, No. 770.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-31

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-31. Escape in the first degree.

(a) A person commits the crime of escape in the first degree if:

(1) He employs physical force, a threat of physical force, a deadly weapon or a dangerous instrument in escaping or attempting to escape from custody; or

(2) Having been convicted of a felony, he escapes or attempts to escape from custody imposed pursuant to that conviction.

(b) Escape in the first degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4606; Acts 1979, No. 79-471, p. 862, § 1; Acts 1980, No. 80-753, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-32

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-32. Escape in the second degree.

(a) A person commits the crime of escape in the second degree if he escapes or attempts to escape from a penal facility.

(b) Escape in the second degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4607.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-33

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-33. Escape in the third degree.

(a) A person commits the offense of escape in the third degree if he escapes or attempts to escape from custody.

(b) Escape in the third degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4608; Acts 1978, No. 770, p. 1110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-34

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-34. Permitting or facilitating escape in the first degree.

(a) A person commits the crime of permitting or facilitating escape in the first degree if:

(1) He intentionally aids or attempts to aid in the escape of a person arrested for, charged with or convicted of a felony from a penal facility; or

(2) He is a public servant of a penal facility and intentionally, knowingly or recklessly permits or facilitates the escape of a person arrested for, charged with or convicted of a felony.

(b) Permitting or facilitating an escape in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4610.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-35

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-35. Permitting or facilitating escape in the second degree.

(a) A person commits the crime of permitting or facilitating escape in the second degree if:

(1) He intentionally aids or attempts to aid in the escape of a person arrested for, charged with or convicted of a misdemeanor from a penal or detentional facility; or

(2) He is a public servant of a penal or detention facility and who intentionally, knowingly, or recklessly permits or facilitates the escape of a person arrested for, charged with, or convicted of a misdemeanor.

(b) Permitting or facilitating escape in the second degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4611.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-36

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-36. Promoting prison contraband in the first degree.

(a) A person is guilty of promoting prison contraband in the first degree if:

(1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any deadly weapon, instrument, tool or other thing which may be useful for escape;

(2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any deadly weapon, instrument, tool or other thing which may be useful for escape.

(b) Promoting prison contraband in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4615.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-37

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-37. Promoting prison contraband in the second degree.

(a) A person is guilty of promoting prison contraband in the second degree if:

(1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any narcotic, dangerous drug or controlled substance as defined in the “Alabama Controlled Substances Act,” or any amendments thereto; or

(2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any narcotic, dangerous drug, or controlled substance as defined in Chapter 2 of Title 20 of this Code.

(b) Promoting prison contraband in the second degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4616.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-38

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-38. Promoting prison contraband in the third degree.

(a) A person is guilty of promoting prison contraband in the third degree if the person does any of the following:

(1) He or she intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any contraband or thing which the actor knows or should know it is unlawful to introduce or for the inmate to possess.

(2) Being a person confined in a detention facility, he or she intentionally and unlawfully makes, obtains, or possesses any contraband.

(3) He or she intentionally introduces within a state detention facility operated by the Department of Corrections, or provides an inmate in a state detention facility operated by the Department of Corrections with, any currency or coin which the actor knows or should know is unlawful to introduce or the possession of which is not authorized by an inmate by the written policy of the Department of Corrections.

(4) Being a person in the custody of the Department of Corrections, he or she obtains or possesses any currency or coin, the possession of which is not authorized by the written policy of the Department of Corrections.

(b) Promoting prison contraband in the third degree is a Class B misdemeanor.

(c) Any currency or coin contraband found on or in the possession of any inmate in any state detention facility operated by the Department of Corrections, the possession of which is not authorized by the written policy of the Department of Corrections, shall be confiscated and liquidated after notice and a hearing as provided by departmental policy and the proceeds shall be deposited in the general operating fund of the department.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4617; Acts 1996, No. 96-753, p. 1325, §§ 1, 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-39

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-39. Bail jumping in the first degree.

(a) The person commits the crime of bail jumping in the first degree if, having been lawfully released from custody, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of his having committed murder or any Class A or B felony, he fails to appear at the time and place.

(b) It is a defense to prosecution under this section that the defendant's failure to appear was unintentional or was unavoidable and due to circumstances beyond his control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability and circumstances beyond his control, is on the defendant.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4620.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-40

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-40. Bail jumping in the second degree.

(a) A person commits the crime of bail jumping in the second degree if, having been lawfully released from custody, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of his having committed any misdemeanor or Class C felony, he fails to appear at that time and place.

(c) This section does not apply to a person released from custody on condition that he will appear in connection with a charge of having committed a misdemeanor in violation of Title 32 of this Code.

(d) Bail jumping in the second degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4621.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-41

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-41. Resisting arrest.

(a) A person commits the crime of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from affecting a lawful arrest of himself or of another person.

(b) Resisting arrest is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4625.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-42

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-42. Hindering prosecution or apprehension -- Definition of “criminal assistance.”

For the purposes of Sections 13A-10-43 through 13A-10-45, a person renders “criminal assistance” to another if he:

(1) Harbors or conceals such person;

(2) Warns such person of impending discovery or apprehension; except that this subdivision does not apply to a warning given in connection with an effort to bring another into compliance with the law;

(3) Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;

(4) Prevents or obstructs, by means of force, deception or intimidation, anyone except a trespasser from performing an act that might aid in the discovery or apprehension of such person; or

(5) Suppresses, by an act of concealment, alteration or destruction, any physical evidence that might aid in the discovery or apprehension of such person.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4635.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-43

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-43. Hindering prosecution in the first degree.

(a) A person commits the crime of hindering prosecution in the first degree if with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a murder or a Class A or B felony, he renders criminal assistance to such person.

(b) Hindering prosecution in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4636; Acts 1979, No. 79- 471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-44

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-44. Hindering prosecution in the second degree.

(a) A person commits the crime of hindering prosecution in the second degree if with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a Class C felony or a Class A misdemeanor, he renders criminal assistance to such person.

(b) Hindering prosecution in the second degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4637; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-45

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2. . Escape and Other Offenses Relating to Custody. (Refs & Annos)

§ 13A-10-45. Hindering apprehension of escapee.

(a) A person commits the crime of hindering the apprehension of an escapee if, with the intent to hinder the apprehension of a person known to have escaped from a detention facility, he renders criminal assistance to such person.

(b) Hindering apprehension of an escapee is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4640; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 10, Art. 2A, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration.

Article 2A. . Intentionally Fleeing a Law Enforcement Officer.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-50

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2A. . Intentionally Fleeing a Law Enforcement Officer. (Refs & Annos)

§ 13A-10-50. Short title.

This article shall be known and cited as the “Officer Keith E. Houts Act.”

CREDIT(S)

(Act 2009-616, p. 1779, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-51

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2A. . Intentionally Fleeing a Law Enforcement Officer. (Refs & Annos)

§ 13A-10-51. Definitions.

(a) For purposes of this article, the term law enforcement officer shall mean any person who has all of the following qualifications:

(1) He or she has the power to arrest pursuant to the laws of this state.

(2) He or she is certified by the Alabama Peace Officers and Standards Training Commission.

(3) He or she is acting in his or her official capacity.

(4) He or she is not on strike or involved in a work stoppage.

(5) He or she is not on duty as a private security officer.

CREDIT(S)

(Act 2009-616, p. 1779, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-52

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2A. . Intentionally Fleeing a Law Enforcement Officer. (Refs & Annos)

§ 13A-10-52. Fleeing or attempting to elude law enforcement officer.

(a) It shall be unlawful for a person to intentionally flee by any means from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person.

(b) It shall be unlawful for a person while operating a motor vehicle on a street, road, alley, or highway in this state, to intentionally flee or attempt to elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.

(c) A violation of subsection (a) or (b) is a Class A misdemeanor unless the flight or attempt to elude causes an actual death or physical injury to innocent bystanders or third parties, in which case the violation shall be a Class C felony. In addition, the court shall order the suspension of the driver's license of the defendant for a period of not less than six months nor more than two years.

CREDIT(S)

(Act 2009-616, p. 1779, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-53

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2A. . Intentionally Fleeing a Law Enforcement Officer. (Refs & Annos)

§ 13A-10-53. Defense.

It is an affirmative defense to prosecution under this article that the arrest was unlawful or that the person operating the motor vehicle was aware of the signal from the law enforcement officer to bring the vehicle to a stop and the person stopped his or her vehicle within a reasonable time and at a reasonable location based on the facts and circumstances of the stop.

CREDIT(S)

(Act 2009-616, p. 1779, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-54

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 2A. . Intentionally Fleeing a Law Enforcement Officer. (Refs & Annos)

§ 13A-10-54. Relation to § 13A-10-41.

A person charged under this article may not be charged with the crime of resisting arrest under Section 13A-10-41, based on the same facts on which a charge under this article is based.

CREDIT(S)

(Act 2009-616, p. 1779, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-60

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 3. . Bribery and Corrupt Influence.

§ 13A-10-60. Definitions.

(a) The definitions contained in Section 13A-10-1 are applicable in this article unless the context otherwise requires.

(b) The following definitions also apply to this article:

(1) BENEFIT.Any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.

(2) PECUNIARY BENEFIT. Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated with social occasions afforded public servants and party officers shall not be deemed a pecuniary benefit within the meaning of this article.

(3) PUBLIC SERVANT. As used in this article, such term includes persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7), or have been elected, appointed or designated to become a public servant although not yet occupying that position.

(4) PARTY OFFICER. A person who holds any position or office in a political party, whether by election, appointment or otherwise.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4701.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-61

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 3. . Bribery and Corrupt Influence.

§ 13A-10-61. Bribery of public servants.

(a) A person commits the crime of bribery if:

(1) He offers, confers or agrees to confer any thing of value upon a public servant with the intent that the public servant's vote, opinion, judgment, exercise of discretion or other action in his official capacity will thereby be corruptly influenced; or

(2) While a public servant, he solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be corruptly influenced.

(b) It is not a defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction or for any other reason.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4705; Acts 1978, No. 770, p. 1110.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-62

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 3. . Bribery and Corrupt Influence.

§ 13A-10-62. Failure to disclose conflict of interest.

(a) A public servant commits the crime of failing to disclose a conflict of interest if he exercises any substantial discretionary function in connection with a government contract, purchase, payment or other pecuniary transaction without advance public disclosure of a known potential conflicting interest in the transaction.

(b) A “potential conflicting interest” exists, but is not limited to, when the public servant is a director, president, general manager or similar executive officer, or owns directly or indirectly a substantial portion of any nongovernmental entity participating in the transaction.

(d) Failing to disclose a conflict of interest is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4720.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-63

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 3. . Bribery and Corrupt Influence.

§ 13A-10-63. Trading in public office.

(a) A person is guilty of trading in public office if:

(1) He offers, confers or agrees to confer any pecuniary benefit upon a public servant or party officer upon an agreement or understanding that he himself will or may be appointed to a public office or public employment or designated or nominated as a candidate for public office; or

(2) While a public servant or party officer, he solicits, accepts or agrees to accept any pecuniary benefit from another upon an agreement or understanding that that person will or may be appointed to a public office or public employment or designated or nominated as a candidate for public office.

(b) This section does not apply to contributions to political campaign funds or other political contributions.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4725.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-80

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 4. . Abuse of Public Office.

§ 13A-10-80. Definitions.

(a) The definitions contained in Sections 13A-10-1, 13A-10-30 and 13A-10-60 are applicable in this article unless the context otherwise requires.

(b) “Harm” means loss, disadvantage or injury to the person affected or to any other person in whose welfare he is interested.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4801.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-81

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 4. . Abuse of Public Office.

§ 13A-10-81. Official misconduct in the first degree. Repealed by Acts 1979, No. 79-471, p. 862, § 1, effective July 30, 1979.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-82

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 4. . Abuse of Public Office.

§ 13A-10-82. Misuse of confidential information.

(a) A public servant commits the crime of misuse of confidential information if in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:

(1) Acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action;

(2) Speculates or wagers on the basis of such information or action; or

(3) Aids another to do any of the foregoing.

(b) Misuse of confidential information is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4810.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 10, Art. 5, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration.

Article 5. . Perjury and Related Offenses.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-100

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-100. Definitions.

(a) The definitions in Sections 13A-10-1 and 13A-10-60 are applicable in this article unless the context otherwise requires.

(b) The following definitions are also applicable in this article:

(1) SWEARS FALSELY and FALSE SWEARING. The making of a false statement under oath required or authorized by law, or the swearing or affirming the truth of such statement previously made, which the declarant does not believe to be true. A false swearing in a subscribed written instrument shall not be deemed complete until the instrument is delivered by its subscriber, or by someone acting in his behalf, to another person with intent that it be uttered or published as true.

(2) MATERIAL.A statement is “material,” regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law.

(3) OATH.Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this article, written statements shall be treated as if made under oath if:

a. The statement was made on or pursuant to form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or

b. The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto.

(4) REQUIRED OR AUTHORIZED BY LAW. An oath is “required or authorized by law” when the use of the oath is provided for by statute or municipal ordinance.

(5) OFFICIAL PROCEEDING. Any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath.

(6) JURAT.A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4901.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-101

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-101. Perjury in the first degree.

(a) A person commits the crime of perjury in the first degree when in any official proceeding he swears falsely and his false statement is material to the proceeding in which it is made.

(b) Perjury in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4905.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-102

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-102. Perjury in the second degree.

(a) A person commits the crime of perjury in the second degree when he swears with intent to mislead a public servant in the performance of his duty and his false statement is material to the action, proceeding or matter involved.

(b) Perjury in the second degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4906.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-103

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-103. Perjury in the third degree.

(a) A person commits the crime of perjury in the third degree when he swears falsely.

(b) Perjury in the third degree is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4907.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-104

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-104. Perjury prosecution for inconsistent statements; highest degree of perjury for which conviction may be had.

(a) Where a person has made statements under oath which are inconsistent to the degree that one of them is necessarily false, each having been made within the jurisdiction of this state and within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant to have been true when made. In such case, it shall not be necessary for the prosecution to prove which statement was false, but only that one or the other was false and not believed by the defendant to be true.

(b) The highest degree of perjury of which the defendant may be convicted shall be determined by hypothetically assuming each statement to be false and perjurious. If perjury of the same degree would be established by the making of each statement, the accused may be convicted of that degree at most. If perjury of different degrees would be established by the making of the two statements, the accused may be convicted of the lesser degree at most.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4910.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-105

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-105. Corroboration required for perjury conviction; exception.

In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to Section 13A-10-104, the falsity of a statement may not be established by the uncorroborated testimony of a single witness.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4915.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-106

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-106. Denial of guilt in previous trial not to be prosecuted as perjury.

No prosecution shall be brought under this article if the substance of the defendant's false statement was a denial of his guilt in a previous criminal proceeding.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4920.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-107

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-107. When retraction of false statement bar to perjury conviction.

No person shall be convicted of perjury if he retracted his false statement in the course of the same proceeding in which it was made before it became manifest that the falsification was or would be exposed. Statements made in separate hearings at separate stages of the same trial or administrative proceeding shall be deemed to have been made in the course of the same proceeding. The burden of injecting the issue of retraction is on the defendant, but this does not shift the burden of proof.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4925.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-108

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-108. Irregularities no defense to perjury prosecution.

It is no defense to prosecution for perjury:

(1) That the oath was administered in an irregular manner.

(2) That there was some irregularity in the appointment or qualification of the person who administered the oath, if the taking of the oath was required or authorized by law.

(3) That the document was not sworn to if the document contains a recital that it was made under oath, the declarant was aware of the recital when he signed the document and the document contains the signed jurat of a public servant authorized to administer oaths.

(4) That the defendant mistakenly believed the false statement to be immaterial.

(5) That the statement was inadmissible under the law of evidence.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4930.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-109

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 5. . Perjury and Related Offenses. (Refs & Annos)

§ 13A-10-109. Unsworn falsification to authorities.

(a) A person commits the crime of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of his duty, he makes or submits any written statement, which he does not believe to be true, in an application for pecuniary or other benefit, or a record or report required by law to be submitted to any governmental agency.

(b) The provisions of Sections 13A-10-104 and 13A-10-107 shall be applicable to all prosecutions under this section.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 4935.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-120

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-120. Definitions.

(a) The definitions in Sections 13A-10-1, 13A-10-60 and 13A-10-100 are applicable in this article unless the context otherwise requires.

(b) The following definitions are also applicable in this article:

(1) JUROR.Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term juror also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror.

(2) TESTIMONY.Such term includes oral or written statements, documents or any other material that may be offered as evidence in an official proceeding.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5001.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-121

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-121. Bribing a witness.

(a) A person commits the crime of bribing a witness if he offers, confers or agrees to confer any thing of value upon a witness or a person he believes will be called as a witness in any official proceeding with intent to:

(1) Corruptly influence the testimony of that person;

(2) Induce that person to avoid legal process summoning him to testify; or

(3) Induce that person to absent himself from an official proceeding to which he has been legally summoned.

(b) This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid a witness.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5005; Acts 1979, No. 79-471, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-122

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-122. Bribe receiving by a witness.

(a) A witness or a person believing he will be called as a witness in any official proceeding commits the crime of bribe receiving by a witness if he solicits, accepts or agrees to accept any thing of value upon an agreement or understanding that:

(1) His testimony will thereby be corruptly influenced;

(2) He will attempt to avoid legal process summoning him to testify; or

(3) He will attempt to absent himself from an official proceeding to which he has been legally summoned.

(b) This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid to a witness.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5010; Acts 1979, No. 79-741, p. 862, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-123

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-123. Intimidating a witness.

(a) A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to:

(1) Corruptly influence the testimony of that person;

(2) Induce that person to avoid legal process summoning him to testify; or

(3) Induce that person to absent himself from an official proceeding to which he has been legally summoned.

(b) “Threat,” as used in this section, means any threat proscribed by Section 13A-6-25 on criminal coercion.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5015.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-124

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-124. Tampering with a witness.

(a) A person commits the crime of tampering with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to:

(1) Testify falsely or unlawfully withhold testimony; or

(2) Absent himself from any official proceeding to which he has been legally summoned.

(b) Tampering with a witness is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5020.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-125

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-125. Bribing a juror.

(a) A person commits the crime of bribing a juror if he offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will thereby be corruptly influenced.

(b) Bribing a juror is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5025.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-126

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-126. Bribe receiving by a juror.

(a) A person commits the crime of bribe receiving by a juror if he solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, decision or other action as a juror will thereby be corruptly influenced.

(b) Bribe receiving by a juror is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5030.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-127

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-127. Intimidating a juror.

(a) A person commits the crime of intimidating a juror if he attempts, by the use of a threat, to influence a juror's vote, opinion, decision or other action as a juror.

(b) “Threat,” as used in this section, means any threat proscribed by Section 13A-6-25 on criminal coercion.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5035.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-128

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-128. Jury tampering.

(a) A person commits the crime of jury tampering if, with intent to influence a juror's vote, opinion, decision or other action in the case, he attempts directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of the case.

(b) Jury tampering is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5040.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-129

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-129. Tampering with physical evidence.

(a) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he:

(1) Destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use, verity or availability in the pending or prospective official proceeding; or

(2) Knowingly makes, presents or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding.

(b) “Physical evidence,” as used in this section, includes any article, object, document, record or other thing of physical substance.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5045.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-130

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-130. Interfering with judicial proceedings.

(a) A person commits the crime of interfering with judicial proceedings if:

(1) He engages in disorderly, contemptuous or insolent behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due its authority;

(2) He intentionally creates a breach of the peace or disturbance under circumstances directly tending to interrupt a court's proceedings;

(3) As an attorney, clerk or other officer of the court, he knowingly fails to perform or violates a duty of his office, or knowingly disobeys a lawful directive or order of a court;

(4) Knowing that he is not authorized to practice law, he represents himself to be an attorney and acts as such in a court proceeding; or

(5) He records or attempts to record the deliberation of a jury.

(b) Interfering with judicial proceedings is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5050.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-131

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-131. Simulating legal process.

(a) A person commits the crime of simulating legal process if he knowingly delivers or causes to be delivered to another person any demand, request or claim for the payment of money or the delivery or transfer of property that in form and substance simulates any legal process issued by any court of this state.

(b) Simulating legal process is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 5055.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-132

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 6. . Offenses Relating to Judicial and Other Proceedings.

§ 13A-10-132. Crimes in connection with sham legal process, etc.

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) LAW ENFORCEMENT OFFICER. The same as defined in Section 13A-10-1.

(2) LAWFULLY ISSUED. Adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency, or a political subdivision of a state.

(3) SHAM LEGAL PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to be any one of the following:

a. A summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this state, a peace officer, or a legislative, executive, or administrative agency established by state law.

b. An assertion of jurisdiction or authority over or determination or adjudication of the legal or equitable status, rights, duties, powers, or privileges of a person or property.

c. A requirement or authorization for the search, seizure, indictment, arrest, trial, or sentencing of a person or property.

(4) STATE OR LOCAL OFFICIAL OR EMPLOYEE. An appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, or other unit of government in this state.

(b) It shall be unlawful for a person to impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process by acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity by either of the following:

(1) Subjecting another person to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights.

(2) Denying or impeding another person in the exercise or enjoyment of any right, privilege, power, or immunity.

(d) It shall be unlawful for a person falsely to assert authority of state law in connection with a sham legal process. A person violating this subsection is guilty of a Class A misdemeanor.

(e) It shall be unlawful for a person to knowingly act, without authority under state law, as any judge, magistrate, hearing officer, juror, a clerk of court, a commissioned notary public, or any other official authorized to determine a controversy or adjudicate the rights or interests of others, or to sign a document as if authorized by state law. A person violating this subsection is guilty of a Class A misdemeanor.

(f) It shall be unlawful for a person to falsely assert authority of law in an attempt to intimidate or hinder a state or local official or employee or a law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of a sham legal process. A person violating this subsection is guilty of a Class C felony.

CREDIT(S)

(Act 2012-382, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 10, Art. 7, Refs & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration.

Article 7. . The Anti-Terrorism Act of 2002.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-150

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 7. . The Anti-Terrorism Act of 2002. (Refs & Annos)

§ 13A-10-150. Short title.

This article shall be known and may be cited as “The Anti-Terrorism Act of 2002.”

CREDIT(S)

(Act 2002-431, p. 1126, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-151

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 7. . The Anti-Terrorism Act of 2002. (Refs & Annos)

§ 13A-10-151. Definitions.

The following terms shall have the following meanings:

(1) ACT OF TERRORISM. An act or acts constituting a specified offense as defined in subdivision (4) for which a person may be convicted in the criminal courts of this state, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all of the essential elements of a specified offense, that is intended to do the following:

a. Intimidate or coerce a civilian population.

b. Influence the policy of a unit of government by intimidation or coercion.

c. Affect the conduct of a unit of government by murder, assassination, or kidnapping.

(2) MATERIAL SUPPORT OR RESOURCES. Currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.

(3) RENDERS CRIMINAL ASSISTANCE. Shall have the same meaning as in Section 13A-10-42.

(4) SPECIFIED OFFENSE. A Class A felony, manslaughter, kidnapping in the second degree, assault in the first or second degree, stalking, intimidating a witness, criminal tampering, endangering the food supply, endangering the water supply or any attempt or conspiracy to commit any of these offenses.

CREDIT(S)

(Act 2002-431, p. 1126, § 2; Act 2006-508, p. 1151, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-152

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 7. . The Anti-Terrorism Act of 2002. (Refs & Annos)

§ 13A-10-152. Crime of terrorism.

(a) A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping, he or she commits a specified offense.

(b)(1) When a person is convicted pursuant to this section, and the specified offense is a Class B or Class C felony, the crime of terrorism shall be deemed to be one class higher than the specified offense the defendant committed, or one class higher than the offense level applicable to the defendant's conviction for an attempt or conspiracy to commit the specified offense, whichever is applicable.

(2) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this article, and the specified offense is a Class A felony other than murder, the sentence upon conviction of the offense shall be life imprisonment without parole.

(3) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this article, and the specified offense is murder, the sentence upon conviction of the offense shall be death pursuant to Section 13A-5-39.

(c) An indictment for the crime of terrorism shall charge the defendant with a specified offense and shall state that the defendant acted with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping.

CREDIT(S)

(Act 2002-431, p. 1126, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-153

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 7. . The Anti-Terrorism Act of 2002. (Refs & Annos)

§ 13A-10-153. Soliciting or providing support for an act of terrorism.

(a)(1) A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out, or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism, he or she raises, solicits, collects, or provides material support or resources.

(2) Soliciting or providing support for an act of terrorism in the second degree is a Class C felony.

(b)(1) A person commits soliciting or providing support for an act of terrorism in the first degree when he or she commits the crime of soliciting or providing support for an act of terrorism in the second degree and the total value of material support or resources exceeds one thousand dollars ($1,000).

(2) Soliciting or providing support for an act of terrorism in the first degree is a Class B felony.

CREDIT(S)

(Act 2002-431, p. 1126, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-154

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 7. . The Anti-Terrorism Act of 2002. (Refs & Annos)

§ 13A-10-154. Hindering prosecution of terrorism.

(a)(1) A person is guilty of hindering prosecution of terrorism in the second degree when he or she renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that the person engaged in conduct constituting an act of terrorism.

(2) Hindering prosecution of terrorism in the second degree is a Class B felony.

(b)(1) A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than one of the participants, knowing or believing that the person engaged in conduct constituting an act of terrorism.

(2) Hindering prosecution of terrorism in the first degree is a Class A felony.

CREDIT(S)

(Act 2002-431, p. 1126, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 10, Art. 8, Ref & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration.

Article 8. . Endangering Food and Water Supply.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-170

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 8. . Endangering Food and Water Supply. (Refs & Annos)

§ 13A-10-170. Definitions.

(a) For purposes of this section, the following words shall have the following meanings:

(1) CONTAGIOUS OR INFECTIOUS DISEASE. A specific highly communicable disease caused by one or more biological agents and that is generally found in livestock, including poultry, designated for human consumption.

(2) PROCESSED FOOD. Any food other than a raw agricultural commodity, including any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration, or milling.

(3) RAW AGRICULTURAL COMMODITY. Any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

(b) The offense of endangering the food supply is committed if a person knowingly does any of the following:

(1) Brings into this state any domestic animal that is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease.

(2) Exposes any animal in this state to any contagious or infectious disease.

(3) Delivers any poultry that is infected with any contagious or infectious disease to any poultry producer pursuant to a production contract.

(4) Except as otherwise permitted by Alabama law, brings or releases into this state any insect pest or exposes any plant to an insect pest.

(5) Exposes any raw agricultural commodity, animal feed, or processed food to any contaminant or contagious or infectious disease.

(c) The offense of endangering the food supply does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.

(d) Endangering the food supply is a Class B felony.

CREDIT(S)

(Act 2006-508, p. 1151, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-171

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 8. . Endangering Food and Water Supply. (Refs & Annos)

§ 13A-10-171. Elements of offense; exceptions.

(a) The offense of endangering the water supply is committed if a person knowingly contaminates a public or private water well or water reservoir or any water supply of a public utility or tampers with the production of bottled or packaged water at a retail or wholesale mercantile establishment.

(b) Endangering the water supply does not include contamination of a public or private well or water reservoir or any water supply of a public utility that may occur in any of the following circumstances:

(1) Inadvertently as part of the operation of a public utility or electrical generating station.

(2) Due to releases, discharges, or emissions that are authorized by state or federal law or that are permitted or licensed by any state or federal agency.

(3) Due to accidental releases from an otherwise lawful activity.

(4) Due to discharges or emissions in excess of permitted or licensed levels provided that federal or state enforcement authority is available to respond.

CREDIT(S)

(Act 2006-508, p. 1151, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 10, Art. 9, Ref & Annos

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration.

Article 9. . Biological and Bacteriological Weapons.

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-190

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-190. Definitions.

As used in Act 2009-718, the following words shall have the following meanings:

(1) BACTERIOLOGICAL WEAPON or BIOLOGICAL WEAPON. A device which is designed in a manner to permit the intentional release onto any person, into the population or environment of microbial, or other biological agents or toxins or viral agents whatever their origin or method of production in a manner not otherwise authorized by law or any device the development, production, or stockpiling of which is prohibited pursuant to the “Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction,” 26 U.S.T. 583, TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.

(2) CONVICTION. An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. The term shall include the adjudication or plea of a juvenile to the commission of an act which if committed by an adult would constitute a crime under the laws of this state.

(3) DESTRUCTIVE DEVICE. a. An explosive incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other device which is substantially similar to these devices.

b. Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter. The term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense.

c. A weapon of mass destruction.

d. A bacteriological weapon or biological weapon.

e. A combination of parts either designed or intended for use in converting any device into a destructive device as otherwise defined in this Act 2009-718.

(4) DETONATOR. A device containing a detonating charge that is used to initiate detonation in an explosive, including, but not limited to, electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors.

(5) DIRECTOR. The Director of the Alabama Department of Public Safety.

(6) DISTRIBUTE. The actual, constructive, or attempted transfer from one person to another.

(7) EXPLOSIVE. A chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property. The term explosive shall not include common fireworks, model rockets, and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using paper caps unless the devices are used as a component of a destructive device.

(8) EXPLOSIVE ORDNANCE DISPOSAL TECHNICIAN or EOD TECHNICIAN. a. A law enforcement officer, fire official, emergency management official, or an employee of this state or its political subdivisions or an authority of the state or a political subdivision who is currently accredited by the Federal Bureau of Investigation's Hazardous Devices School, or members of the Alabama National Guard who are qualified and trained as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties.

b. An official or employee of the United States, including, but not limited to, a member of the Armed Forces of the United States, who is qualified as an explosive ordnance disposal technician under the appropriate laws and regulations when acting in the performance of his or her official duties.

(9) FELONY. An offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to the conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of the conduct.

(10) HOAX DEVICE or REPLICA. A device or article which has the appearance of a destructive device or bacteriological or biological weapon.

(11) INCENDIARY. A flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances.

(12) OVER-PRESSURE DEVICE. A frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.

(13) POISON GAS. A toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings. The term poison gas shall not include any of the following:

a. Riot control agents, smoke, and obscuration materials or medical products which are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state.

b. Tear gas devices designed to be carried on or about the person which contain not more than one-half ounce of the chemical.

c. Pesticides, as provided in subdivision (2) of Section 13A-10-209.

(14) PROPERTY. Real or personal property of any kind including money, choses in action, and other similar interests in property.

(15) PUBLIC BUILDING. A structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the state, the United States, any of the several states, or a foreign nation or any political subdivision or authority thereof; a religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association.

(16) STATE FIRE MARSHAL. The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant to Section 27-2-10.

(17) WEAPONS OF MASS DESTRUCTION. Include any of the following:

a. Any destructive device as defined in this section.

b. Any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors.

c. Any weapon involving a disease organism.

d. Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.

e. Any device, weapon, or vehicle designed to cause mass casualties.

CREDIT(S)

(Act 2009-718, p. 2115, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-191

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-191. Designation of explosives.

The following materials are explosives within the meaning of Act 2009-718:

(1) Acetylides of heavy metals.

(2) Aluminum containing polymeric propellant.

(3) Aluminum ophorite explosive.

(4) Amatex.

(5) Amatol.

(6) Ammonal.

(7) Ammonium nitrate explosive mixtures, cap sensitive.

(8) Ammonium nitrate explosive mixtures, noncap sensitive.

(9) Ammonium perchlorate composite propellant.

(10) Ammonium perchlorate explosive mixtures.

(11) Ammonium picrate (picrate of ammonia, Explosive D).

(12) Ammonium salt lattice with isomorphously substituted inorganic salts.

(13) Ammonium tri-iodide.

(14) ANFO (ammonium nitrate-fuel oil).

(15) Aromatic nitro-compound explosives mixtures.

(16) Baratol.

(17) Baronol.

(18) BEAF [1,2-bis (2,2-difluoro-2-nitroacetoxyethane)].

(19) Black powder.

(20) Black powder based explosive mixtures.

(21) Blasting agents, nitro-carbo-nitrates, including noncap sensitive slurry and water-gel explosives.

(22) Blasting caps.

(23) Blasting gelatin.

(24) Blasting powder.

(25) BTNEC [bis (trinitroethyl) carbonate].

(26) BTNEN [bis (trinitroethyl) nitramine].

(27) BTTN (1,2,4 butanetriol trinitrate).

(28) Bulk salutes.

(29) Butyl tetryl.

(30) Calcium nitrate explosive mixture.

(31) Cellulose hexanitrate explosive mixture.

(32) Chlorate explosive mixtures.

(33) Composition A and variations.

(34) Composition B and variations.

(35) Composition C and variations.

(36) Copper acetylide.

(37) Cyanuric triazide.

(38) Cyclonite (RDX).

(39) Cyclotetramethylenetetranitramine (HMX).

(40) Cyclotrimethylenetrinitramine (RDX).

(41) Cyclotol.

(42) DATB (diaminotrinitrobenzene).

(43) DDNP (diazodinitrophenol).

(44) DEGDN (diethyleneglycol dinitrate).

(45) Detonating cord.

(46) Detonators.

(47) Dimethylol dimethyl methane dinitrate composition.

(48) Dinitroethyleneurea.

(49) Dinitroglycerine (glycerol dinitrate).

(50) Dinitrophenol.

(51) Dinitrophenolates.

(52) Dinitrophenyl hydrazine.

(53) Dinitroresorcinol.

(54) Dinitrotoluene-sodium nitrate explosive mixtures.

(55) DIPAM.

(56) Dipicrylamine.

(57) Dipicryl sulfone.

(58) Display fireworks.

(59) DNDP (dinitropentano nitrile).

(60) DNPA (2,2-dinitropropyl acrylate).

(61) Dynamite.

(62) EDDN (ethylene diamine dinitrate).

(63) EDNA.

(64) Ednatol.

(65) EDNP (ethyl 4,4-dinitropentanoate).

(66) EGDN (ethylene glycol dinitrate).

(67) Erythritol tetranitrate explosives.

(68) Esters of nitro-substituted alcohols.

(69) Ethyl-tetryl.

(70) Explosive conitrates.

(71) Explosive gelatins.

(72) Explosive liquids.

(73) Explosive mixtures containing oxygen-releasing inorganic salts and hydrocarbons.

(74) Explosive mixtures containing oxygen-releasing inorganic salts and nitro bodies.

(75) Explosive mixtures containing oxygen-releasing inorganic salts and water insoluble fuels.

(76) Explosive mixtures containing oxygen-releasing inorganic salts and water soluble fuels.

(77) Explosive mixtures containing sensitized nitromethane.

(78) Explosive mixtures containing tetranitromethane (nitroform).

(79) Explosive nitro compounds of aromatic hydrocarbons.

(80) Explosive organic nitrate mixtures.

(81) Explosive powders.

(82) Flash powder.

(83) Fulminate of mercury.

(84) Fulminate of silver.

(85) Fulminating gold.

(86) Fulminating mercury.

(87) Fulminating platinum.

(88) Fulminating silver.

(89) Gelatinized nitrocellulose.

(90) Gem-dinitro aliphatic explosive mixtures.

(91) Guanyl nitrosamino guanylidene hydrazine.

(92) Guanyl nitrosamino guanyl tetrazene.

(93) Hexogene or octogene and a nitrated N-methylaniline.

(94) Hexolites.

(95) HMX (cyclo-l,3,5,7-tetramethylene-2,4,6,8-tetranitramine; Octogen).

(96) Hydrazinium nitrate/hydrazine/aluminum explosive system.

(97) Hydrazoic acid.

(98) Igniter cord.

(99) Igniters.

(100) Initiating tube systems.

(101) KDNBF (potassium dinitrobenzo-furoxane).

(102) Lead azide.

(103) Lead mannite.

(104) Lead mononitroresorcinate.

(105) Lead picrate.

(106) Lead salts, explosive.

(107) Lead styphnate (styphnate of lead, lead trinitroresorcinate).

(108) Liquid nitrated polyol and trimethylolethane.

(109) Liquid oxygen explosives.

(110) Magnesium ophorite explosives.

(111) Mannitol hexanitrate.

(112) MDNP (methyl 4,4-dinitropentanoate).

(113) MEAN (monoethanolamine nitrate).

(114) Mercuric fulminate.

(115) Mercury oxalate.

(116) Mercury tartrate.

(117) Metriol trinitrate.

(118) Minol-2 (40% TNT, ammonium nitrate, 20% aluminum).

(119) MMAN (monomethylamine nitrate); methylamine nitrate.

(120) Mononitrotoluene-nitroglycerin mixture.

(121) Monopropellants.

(122) NIBTN (nitroisobutametriol trinitrate).

(123) Nitrated carbohydrate explosive.

(124) Nitrated glucoside explosive.

(125) Nitrated polyhydric alcohol explosives.

(126) Nitrate sensitized with gelled nitroparaffin.

(127) Nitrates of soda explosive mixtures.

(128) Nitric acid and a nitro aromatic compound explosive.

(129) Nitric acid and carboxylic fuel explosive.

(130) Nitric acid explosive mixtures.

(131) Nitro aromatic explosive mixtures.

(132) Nitrocellulose explosive.

(133) Nitro compounds of furane explosive mixtures.

(134) Nitroderivative of a urea explosive mixture.

(135) Nitrogelatin explosive.

(136) Nitrogen trichloride.

(137) Nitrogen tri-iodide.

(138) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate, trinitroglycerine).

(139) Nitroglycide.

(140) Nitroglycol (ethylene glycol dinitrate, EGDN).

(141) Nitroguanidine explosives.

(142) Nitronium perchlorate propellant mixtures.

(143) Nitroparaffins Explosive Grade and ammonium nitrate mixtures.

(144) Nitrostarch.

(145) Nitro-substituted carboxylic acids.

(146) Nitrourea.

(147) Octogen (HMX).

(148) Octol (75% HMX, 25% TNT).

(149) Organic amine nitrates.

(150) Organic nitramines.

(151) PBX (RDX and plasticizer).

(152) Pellet powder.

(153) Penthrinite composition.

(154) Pentolite.

(155) Perchlorate explosive mixtures.

(156) Peroxide based explosive mixtures.

(157) PETN (nitropentaerythrite, pentaerythrite, tetranitrate, pentaerythritol tetranitrate).

(158) Picramic acid and its salts.

(159) Picramide.

(160) Picrate of potassium explosive mixtures.

(161) Picratol.

(162) Picric acid (manufactured as an explosive).

(163) Picryl chloride.

(164) Picryl fluoride.

(165) PLX (95% nitromethane, 5% ethylenediamine).

(166) Polynitro aliphatic compounds.

(167) Polyolpolynitrate-nitrocellulose explosive gels.

(168) Potassium chlorate and lead sulfocyanate explosive.

(169) Potassium nitrate explosive mixtures.

(170) Potassium nitroaminotetrazole.

(171) Pyrotechnic compositions.

(172) PYX [2,6-bis(picrylamino)-3,5-dinitropyridine].

(173) RDX (cyclonite, hexogen, T 4,cyclo-l,3,5,-trimethylene-2,4,6,-rinitramine; hexahydro-l,3,5-trinitro-S-triazine).

(174) Safety fuse.

(175) Salts of organic amino sulfonic acid explosive mixture.

(176) Salutes, (bulk).

(177) Silver acetylide.

(178) Silver azide.

(179) Silver fulminate.

(180) Silver oxalate explosive mixtures.

(181) Silver styphnate.

(182) Silver tartrate explosive mixtures.

(183) Silver tetrazene.

(184) Slurried explosive mixtures of water, inorganic oxidizing salt, gelling agent, fuel and sensitizer, cap sensitive.

(185) Smokeless powder.

(186) Sodatol.

(187) Sodium amatol.

(188) Sodium azide explosive mixture.

(189) Sodium dinitro-ortho-cresolate.

(190) Sodium nitrate-potassium nitrate explosive mixture.

(191) Sodium picramate.

(192) Special fireworks.

(193) Squibs.

(194) Styphnic acid explosives.

(195) Tacot (tetranitro-2,3,5,6-dibenzo-l,3a,4,6a tetrazapentalene).

(196) TATB (triaminotrinitrobenzene).

(197) TATP (triacetone triperoxide).

(198) TEGDN (triethylene glycol dinitrate).

(199) Tetranitrocarbazole.

(200) Tetrazene (tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene hydrate).

(201) Tetryl (2,4,6 tetranitro-N-methylaniline).

(202) Tetrytol.

(203) Thickened inorganic oxidizer salt slurried explosive mixture.

(204) TMETN (trimethylolethane trinitrate).

(205) TNEF (trinitroethyl formal).

(206) TNEOC (trinitroethylorthocarbonate).

(207) TNEOF (trinitroethylorthoformate).

(208) TNT (trinitrotoluene, trotyl, trilite, triton).

(209) Torpex.

(210) Tridite.

(211) Trimethylol ethyl methane trinitrate composition.

(212) Trimethylolthane trinitrate-nitrocellulose.

(213) Trimonite.

(214) Trinitroanisole.

(215) Trinitrobenzene.

(216) Trinitrobenzoic acid.

(217) Trinitrocresol.

(218) Trinitro-meta-cresol.

(219) Trinitronaphthalene.

(220) Trinitrophenetol.

(221) Trinitrophloroglucinol.

(222) Trinitroresorcinol.

(223) Tritonal.

(224) Urea nitrate.

(225) Water bearing explosives having salts of oxidizing acids and nitrogen bases, sulfates, or sulfamates, cap sensitive.

(226) Water-in-oil emulsion explosive compositions.

(227) Xanthamonas hydrophilic colloid explosive mixture.

(228) Other substances as listed hereafter pursuant to Section 13A-10-192.

CREDIT(S)

(Act 2009-718, p. 2115, § 2.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-192

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-192. Additional designations.

If any substance is hereafter designated as an explosive substance or compound under applicable federal law and notice thereof is given to the State Fire Marshal, the State Fire Marshal shall similarly designate the explosive substance or compound as an explosive under Section 13A-10-191. The State Fire Marshal shall revise and republish the listing of explosives set forth in Section 13A-10-191 on an annual basis, by publication in a newspaper or newspapers of general circulation in the state, or as otherwise provided by law.

CREDIT(S)

(Act 2009-718, p. 2115, § 3.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-193

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-193. Destructive device or bacteriological or biological weapon -- Possession, manufacture, transportation, or distribution.

(a) It shall be unlawful for any person to possess, manufacture, transport, or distribute a destructive device or bacteriological or biological weapon, except as provided in this article.

(b) A person convicted of a violation of subsection (a) shall be guilty of a Class B felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than twenty-five thousand dollars ($25,000) nor more than one hundred thousand dollars ($100,000). A corporation or other entity may also be sentenced to perform not less than 5,000 nor more than 10,000 hours of community service.

CREDIT(S)

(Act 2009-718, p. 2115, § 4.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-194

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-194. Destructive device or bacteriological or biological weapon -- Sale, distribution, etc.

(a) It shall be unlawful for a person to sell, furnish, give away, deliver, or distribute a destructive device, or a bacteriological or biological weapon to a person who is less than 21 years of age.

(b) A person convicted of a violation of subsection (a) shall be guilty of a Class A felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than one hundred thousand dollars ($100,000) nor more than two hundred fifty thousand dollars ($250,000). A corporation or other entity may also be sentenced to perform not less than 10,000 nor more than 25,000 hours of community service.

CREDIT(S)

(Act 2009-718, p. 2115, § 5.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-195

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-195. Possession, distribution, etc., of detonator, explosive, poison gas, or hoax device by person under indictment or convicted of felony.

(a) It shall be unlawful for a person who is under indictment or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, or distribute a detonator, explosive, poison gas, or hoax device.

(b) It shall be unlawful for a person to knowingly distribute a detonator, explosive, poison gas, or hoax device to any of the following:

(1) A person who he or she knows or should know has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation.

(2) A person who he or she knows or should know has been adjudicated to be mentally incompetent by a court of this state, any other state, or the United States including its territories, possessions, and dominions.

(3) A person who is less than 21 years of age.

(c) A person convicted of a violation of subsection (a) or subsection (b) shall be guilty of a Class C felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than twenty thousand dollars ($20,000) nor more than fifty thousand dollars ($50,000). The corporation or other entity may also be sentenced to perform not less than 2,500 nor more than 7,500 hours of community service.

(d) Notwithstanding any other provision of law to the contrary, adjudicating courts of competent jurisdiction shall make available to any law enforcement agency or prosecuting attorney of this state the information necessary to establish that a person has been adjudicated by a court to be mentally incompetent.

(e) This section shall not apply to any of the following:

(1) A person who has been pardoned of a felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of any other state or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, distribute, or transport a destructive device, explosive, poison gas, or detonator.

(2) A person who has been convicted of a felony, but has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of explosives by the Secretary of the United States Department of the Treasury pursuant to 18 U.S.C. § 845, may apply to the Department of Public Safety for relief from the disabilities imposed by this section.

CREDIT(S)

(Act 2009-718, p. 2115, § 6.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-196

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-196. Possession, distribution, etc., of hoax device represented as destructive device or weapon.

(a) It shall be unlawful for a person to manufacture, possess, transport, or distribute a hoax device or replica of a destructive device, detonator, or bacteriological or biological weapon with the intent to cause another to reasonably believe that the hoax device or replica of a destructive device or bacteriological or biological weapon is a destructive device, detonator, or bacteriological or biological weapon.

(b) A person convicted of a violation of subsection (a) shall be guilty of a Class A misdemeanor. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The corporation or other entity may also be sentenced to perform not less than 1,000 hours of community service nor more than 5,000 hours of community service.

(c) It shall be unlawful for a person listed in subsection (a) to communicate or transmit to another that the hoax device or replica of a destructive device or detonator is a destructive device, detonator, or bacteriological or biological weapon with the intent to obtain the property of another person or to interfere with the ability of another person to carry on the ordinary course of business, trade, education, or government.

(d) A person convicted of a violation of subsection (c) shall be guilty of a Class C felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than twenty thousand dollars ($20,000) nor more than fifty thousand dollars ($50,000). The corporation or other entity may also be sentenced to perform not less than 2,500 nor more than 7,500 hours of community service for each hoax device or replica of a destructive device, detonator, or bacteriological or biological weapon.

CREDIT(S)

(Act 2009-718, p. 2115, § 7.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-10-197

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 9. . Biological and Bacteriological Weapons. (Refs & Annos)

§ 13A-10-197. Explosives or destructive device or bacteriological or biological weapons crime -- Attempt.

(a) It shall be unlawful for a person to attempt to commit an explosives or destructive device or bacteriological or biological weapons crime as contained in Act 2009-718. A person is guilty of an attempt to commit an explosives or destructive device or bacteriological or biological weapons crime if he or she engages in the conduct specified in Section 13A-4-2, and the crime attempted is an explosives or destructive device crime as contained in Act 2009-718.

(b) The principles of liability and defenses for an attempt to commit an explosives or destructi