[{"id":15229,"codeId":27092,"versionId":21399,"parentId":27083,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-248","shortTitle":"Section 12-21-248","catchLine":"Conditional Judgment Against Defaulting Witnesses - Notice; When Made Absolute.","title":"Section 12-21-248 Conditional Judgment Against Defaulting Witnesses - Notice; When Made Absolute.","sectionRange":null,"content":"

Where a conditional judgment has been entered against a defaulting witness in a criminal case, if he does not appear before the docket then in process of being heard is completed and show a sufficient cause for his default, a notice must be issued by the clerk of the court within 30 days notifying him of the entry of such conditional judgment and that the same will be made absolute at the expiration of 30 days from the date of service of said notice unless he appears and shows sufficient excuse for his default, which notice must be served by the sheriff and return thereof made to the clerk. If he fails to appear as required or fails to show sufficient excuse for his default, to be determined by the court, the judgment must be made absolute against him.

","history":"(Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886, §4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code 1940, T. 15, §303.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15463,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15230,"codeId":27093,"versionId":21400,"parentId":27083,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-249","shortTitle":"Section 12-21-249","catchLine":"Conditional Judgment Against Defaulting Witnesses - Effect of Two Notices Returned “Not Found.”","title":"Section 12-21-249 Conditional Judgment Against Defaulting Witnesses - Effect of Two Notices Returned “Not Found.”","sectionRange":null,"content":"

If two notices of the entry of such conditional judgment are returned “not found” by the proper officer, such returns are equivalent to personal service, and the judgment may be made absolute thereon.

","history":"(Code 1852, §674; Code 1867, §4226; Code 1876, §4931; Code 1886, §4472; Code 1896, §5296; Code 1907, §7893; Code 1923, §5631; Code 1940, T. 15, §304.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15464,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15231,"codeId":27094,"versionId":null,"parentId":27073,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Depositions.","title":"Division 3 Depositions.","sectionRange":"§12-21-263 to §12-21-264","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15465,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15232,"codeId":27095,"versionId":21401,"parentId":27094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-263","shortTitle":"Section 12-21-263","catchLine":"Taking Testimony of Convict in Penitentiary on Interrogatories by Defendant.","title":"Section 12-21-263 Taking Testimony of Convict in Penitentiary on Interrogatories by Defendant.","sectionRange":null,"content":"

The defendant in any criminal prosecution may take the testimony of any convict in the penitentiary on interrogatories and notice as in other cases of taking testimony by interrogatories, the convict’s answer being taken on oath and returned with the commission as in other cases, but the notice in such case, with a copy of the interrogatories, must be served on the district attorney of the circuit in which the prosecution is pending.

","history":"(Code 1852, §368; Code 1867, §3916; Code 1876, §4614; Code 1886, §4469; Code 1896, §5293; Code 1907, §7890; Code 1923, §5628; Code 1940, T. 15, §301.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15466,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15233,"codeId":27096,"versionId":21402,"parentId":27094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-264","shortTitle":"Section 12-21-264","catchLine":"Taking of Deposition or Videotaped Deposition When Victim or Witness Unavailable Because of Exceptional Circumstances.","title":"Section 12-21-264 Taking of Deposition or Videotaped Deposition When Victim or Witness Unavailable Because of Exceptional Circumstances.","sectionRange":null,"content":"

(a) In any criminal prosecution, the court may, upon motion of the district attorney, the defense, or the court, for good cause shown and after notice to the parties, order the taking of a deposition or a videotaped deposition of a victim or a witness when the victim or witness is or may be unavailable for trial for medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped deposition of the victim or witness, the court shall consider the age of the victim or witness, the potential unavailability of the victim or witness for trial, the nature of the offense, the nature of testimony that may be expected, and the possible effect that testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule. During the taking of a deposition or a videotaped deposition, an attorney of the victim or witness may be present at the deposition if the victim or witness requests the presence of an attorney. If the court orders that a deposition of the victim or witness shall be taken as provided in this section, the party requesting the deposition shall make all necessary arrangements to have the deposition transcribed or videotaped, or both. Either party may request that the deposition be videotaped and the court may so order.

(b) The deposition shall be taken before the judge in the court’s chambers or at another suitable location as the court may direct and shall be conducted in the presence of the district attorney or assistant district attorney, the defendant and his or her attorney, and any other persons as the court in its discretion may permit, taking into consideration the welfare and well-being of the victim or witness. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce the defendant at the examination and keep the defendant in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause the defendant’s removal from the place of the taking of the deposition, the defendant persists in conduct which is such as to justify exclusion from that place. A defendant not in custody shall have the right to be present at the examination subject to any terms as may be fixed by the court, but a failure, absent good cause shown, to appear after notice shall constitute a waiver of that right and of any objection to the taking and use of the deposition based on that right. The state shall make available to the defendant or the defendant’s counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in possession of the state and to which the defendant would be entitled at the trial. In no event shall a deposition be taken of a defendant without the defendant’s consent. The court may also order any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place of the taking of the witness’s deposition. The examination and cross examination of the victim or witness shall proceed at the taking of the deposition or videotaped deposition as though the victim or witness was testifying personally in the trial of the case. The moving party shall provide the attorney for the other party with reasonable access and means to view and hear the deposition or videotaped deposition at a suitable and reasonable time prior to the trial of the case and with a copy of the deposition. Objections to the introduction into the record of the deposition shall be heard by the judge who presides at the trial of the case in which the introduction of the deposition or videotaped deposition is sought, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the deposition or videotaped deposition shall be entered into the record by the moving party in lieu of the direct testimony of the victim or witness and shall be viewed by, heard by, or read to, the trier of fact at the trial of the case.

(c) For the purposes of this section, “videotaped deposition” means the visual recording on a magnetic tape, together with the associated sound of a witness testifying under oath to be entered in the record in a judicial proceeding. The term “deposition” as used in this section means a transcribed deposition which may include an audiotape of the deposition or a videotaped deposition.

(d) The Supreme Court may adopt rules of procedure regarding the taking and use of depositions or videotaped depositions in criminal proceedings as provided by this section, as well as for the transcribing of the deposition in the event the case is appealed.

(e) All costs associated with the taking of a deposition or the videotaping of a deposition ordered pursuant to this section shall be paid by the moving party.

(f) A deposition or videotaped deposition ordered pursuant to this section may be subject to a protective order of the court for the purpose of protecting the privacy of the victim of the offense or a witness until presented as evidence at trial.

","history":"(Acts 1995, No. 95-719, p. 1539, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15467,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15234,"codeId":27097,"versionId":null,"parentId":27073,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Securing Attendance of Out-of-State Witnesses.","title":"Division 4 Securing Attendance of Out-of-State Witnesses.","sectionRange":"§12-21-280 to §12-21-285","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15468,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15235,"codeId":27098,"versionId":21403,"parentId":27097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-280","shortTitle":"Section 12-21-280","catchLine":"Short Title.","title":"Section 12-21-280 Short Title.","sectionRange":null,"content":"

This subdivision may be cited as the “Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.”

","history":"(Acts 1977, No. 638, p. 1084, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15469,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15236,"codeId":27099,"versionId":21404,"parentId":27097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-281","shortTitle":"Section 12-21-281","catchLine":"Definitions.","title":"Section 12-21-281 Definitions.","sectionRange":null,"content":"

As used in this subdivision, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) WITNESS. A person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.

(2) STATE. Any state or territory of the United States and the District of Columbia.

(3) SUMMONS. A subpoena, order or other notice requiring the appearance of a witness.

","history":"(Acts 1977, No. 638, p. 1084, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15470,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15237,"codeId":27100,"versionId":21405,"parentId":27097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-282","shortTitle":"Section 12-21-282","catchLine":"Procedure for Securing Attendance of Witness Within State at Criminal Proceeding, Etc.; in Another State; Fees and Allowances; Effect of Failure of Summoned Witness to Attend and Testify.","title":"Section 12-21-282 Procedure for Securing Attendance of Witness Within State at Criminal Proceeding, Etc.; in Another State; Fees and Allowances; Effect of Failure of Summoned Witness to Attend and Testify.","sectionRange":null,"content":"

(a) If a judge in a court of record in any state which, by its laws, has made provision for commanding persons within that state to attend and testify in this state certifies under seal of such court that there is a criminal proceeding pending in such court or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such proceedings or grand jury investigation and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person resides or the county in which such person is found if he is not a resident of this state, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place for the hearing.

(b) If, at the hearing, the judge determines that the witness is material and necessary and that it will not cause undue hardship to the witness to be compelled to attend and testify in the criminal proceeding or grand jury investigation in the other state and that the laws of the state in which the proceeding is pending or the grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by the ordinary course of travel, will give him protection from arrest and service of civil and criminal process in connection with any matter which arose before his entrance into the state under the summons, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the criminal proceeding is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all facts stated therein.

(c) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing. If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the criminal proceeding or grand jury investigation in the other state and that the laws of the state in which the criminal proceeding is pending or grand jury investigation has commenced or is about to commence will give to him the protection from arrest and service of civil and criminal process in connection with any matter which arose before his entrance into the state under the summons, the judge may, in lieu of issuing a subpoena or summons, order that said witness be taken into the custody and delivered to an officer of the requesting state. The certificate shall be prima facie proof of such desirability.

(d) If the witness, who is summoned as provided in this section, after being paid or tendered by some properly authorized persons the sum of $.15 a mile for each mile by the ordinary traveled route to and from the court where the proceeding is pending and $15.00 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

","history":"(Acts 1977, No. 638, p. 1084, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15471,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15238,"codeId":27101,"versionId":21406,"parentId":27097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-283","shortTitle":"Section 12-21-283","catchLine":"Procedure for Securing Attendance of Witness in Another State at Criminal Proceedings, Etc., Within State; Fees and Allowances; Effect of Failure of Summoned Witness to Attend and Testify.","title":"Section 12-21-283 Procedure for Securing Attendance of Witness in Another State at Criminal Proceedings, Etc., Within State; Fees and Allowances; Effect of Failure of Summoned Witness to Attend and Testify.","sectionRange":null,"content":"

(a) If a person in any state which, by its laws, has made provision for commanding persons within its borders to attend and testify in criminal proceedings or grand jury investigations commenced or about to be commenced in this state is a material witness in a criminal proceeding pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

(b) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state, the judge of the court of record where the certificate is presented shall order that said witness be taken into custody and delivered to an officer of this state, which order shall be sufficient authority to such officer to take such witness into custody and hold him unless and until he may be released by bail, recognizance or order of the judge issuing the certificate. This certificate shall be presented to a judge of a court of record in the county in which the witness resides or is found if he is not a resident of that state.

(c) If the witness is summoned to attend and testify in this state, he shall be tendered the sum of $.15 a mile for each mile traveled by the ordinary route to and from the court where the proceeding is pending and $15.00 for each day that he is required to travel and attend as a witness, to be paid out of the district attorney’s fund or such other fund as may be provided therefor upon the direction of the district attorney. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court.

(d) If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner prescribed for the punishment of any witness who disobeys a summons issued from a court of record in this state.

","history":"(Acts 1977, No. 638, p. 1084, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15472,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15239,"codeId":27102,"versionId":21407,"parentId":27097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-284","shortTitle":"Section 12-21-284","catchLine":"Exemption from Arrest or Service of Process of Persons Coming into or Passing through State in Obedience to Summons to Attend and Testify.","title":"Section 12-21-284 Exemption from Arrest or Service of Process of Persons Coming into or Passing through State in Obedience to Summons to Attend and Testify.","sectionRange":null,"content":"

(a) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

(b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

","history":"(Acts 1977, No. 638, p. 1084, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15473,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15240,"codeId":27103,"versionId":21408,"parentId":27097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-285","shortTitle":"Section 12-21-285","catchLine":"Construction of Subdivision.","title":"Section 12-21-285 Construction of Subdivision.","sectionRange":null,"content":"

This subdivision shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

","history":"(Acts 1977, No. 638, p. 1084, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15474,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15241,"codeId":27104,"versionId":null,"parentId":27073,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"5","shortTitle":"Division 5","catchLine":"Certificate of Analysis.","title":"Division 5 Certificate of Analysis.","sectionRange":"§12-21-300 to §12-21-303","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15475,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15242,"codeId":27105,"versionId":21409,"parentId":27104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-300","shortTitle":"Section 12-21-300","catchLine":"Offering of Certificate of Analysis in Lieu of Testimony.","title":"Section 12-21-300 Offering of Certificate of Analysis in Lieu of Testimony.","sectionRange":null,"content":"

(a) In any criminal case, or juvenile or family court case which is of a criminal nature, the prosecuting authority may offer a certificate of analysis as described below, in lieu of direct testimony. The court shall receive as evidence the certificate of analysis from any of the following:

(1) A person performing an analysis or examination in any laboratory operated by the Alabama Department of Forensic Sciences or authorized by the department to conduct an analysis or examination of the type performed.

(2) A person performing an analysis or examination in any criminalistics laboratory established pursuant to federal law.

(b) To be admissible pursuant to this section, a certificate of analysis shall contain all of the following:

(1) The date and time the evidence was delivered to the facility.

(2) The name of the person making the delivery, and the name of the person receiving the delivery.

(3) A brief description of the evidence.

(4) The type of examination or analysis requested.

(5) The name of the person making the examination or analysis.

(6) The date or dates of the examination or analysis.

(7) The results of the examination or analysis.

The certificate of analysis shall give the name and address of the facility in which the examination or analysis was made, and it shall be signed by and sworn to as true and correct, under penalty of law, by the person making the examination or analysis.

","history":"(Acts 1995, No. 95-743, p. 1688, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15476,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15243,"codeId":27106,"versionId":21410,"parentId":27104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-301","shortTitle":"Section 12-21-301","catchLine":"Notice of Intent to Offer Proof by Certificate of Analysis.","title":"Section 12-21-301 Notice of Intent to Offer Proof by Certificate of Analysis.","sectionRange":null,"content":"

The party seeking to introduce a certificate of analysis shall not less than 40 days prior to the commencement of the hearing or trial, give written notice to all parties of intent to offer proof by a certificate of analysis. The notice shall include a copy of the certificate of analysis.

","history":"(Acts 1995, No. 95-743, p. 1688, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15477,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15244,"codeId":27107,"versionId":21411,"parentId":27104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-302","shortTitle":"Section 12-21-302","catchLine":"Request for Hearing to Show Cause Why Subpoena Should Be Issued for Cross-Examination.","title":"Section 12-21-302 Request for Hearing to Show Cause Why Subpoena Should Be Issued for Cross-Examination.","sectionRange":null,"content":"

(a) The party against whom the certificate is offered may request, not later than 30 days prior to the commencement of the hearing or trial, a hearing to show cause why a subpoena should be issued for cross-examination of the person who performed the examination or analysis.

(b) The request shall be in writing and shall contain a certification that the requesting party intends in good faith to conduct the cross-examination. The request shall also include a statement of the basis upon which the requesting party intends to challenge the findings contained in the certificate of analysis. The court shall grant the request for subpoena only for good cause shown. Good cause shall not include a challenge to the findings contained in the certificate of analysis, unless the requesting party first establishes a legitimate basis for the challenge. If the request for subpoena is granted, and the requesting party subsequently fails to conduct the cross-examination previously certified to, the court shall assess against the requesting party, all necessary and reasonable expenses incurred for the attendance in court of the certifying witness.

","history":"(Acts 1995, No. 95-743, p. 1688, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15478,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15245,"codeId":27108,"versionId":21412,"parentId":27104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-303","shortTitle":"Section 12-21-303","catchLine":"When Subdivision Not Applicable.","title":"Section 12-21-303 When Subdivision Not Applicable.","sectionRange":null,"content":"

This subdivision shall not apply where the defendant is charged with an offense punishable by death, nor shall this subdivision apply to the offenses enumerated in Chapter 6 of Title 13A.

","history":"(Acts 1995, No. 95-743, p. 1688, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15479,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15246,"codeId":42837,"versionId":null,"parentId":26958,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Alabama Uniform Interstate Dispositions and Discovery Act.","title":"Article 3 Alabama Uniform Interstate Dispositions and Discovery Act.","sectionRange":"§12-21-400 to §12-21-407","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15480,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15247,"codeId":42838,"versionId":35065,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-400","shortTitle":"Section 12-21-400","catchLine":"Short Title.","title":"Section 12-21-400 Short Title.","sectionRange":null,"content":"

This article may be cited as the Alabama Uniform Interstate Depositions and Discovery Act.

","history":"(Act 2012-518, p. 1538, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15481,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15248,"codeId":42839,"versionId":35066,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-401","shortTitle":"Section 12-21-401","catchLine":"Definitions.","title":"Section 12-21-401 Definitions.","sectionRange":null,"content":"

In this article:

(1) “Foreign jurisdiction” means a state other than this state.

(2) “Foreign subpoena” means a subpoena issued in a civil action under authority of a court of record of a foreign jurisdiction.

(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(4) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(5) “Subpoena” means a document, however denominated, issued in a civil action under authority of a court of record requiring a person to:

(A) Attend and give testimony at a deposition.

(B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person.

(C) Permit inspection of premises under the control of the person.

","history":"(Act 2012-518, p. 1538, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15482,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15249,"codeId":42840,"versionId":35067,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-402","shortTitle":"Section 12-21-402","catchLine":"Foreign Subpoena; Request; Issuance.","title":"Section 12-21-402 Foreign Subpoena; Request; Issuance.","sectionRange":null,"content":"

(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of this state.

(b) When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c) A subpoena under subsection (b) must:

(1) Incorporate the terms used in the foreign subpoena.

(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(3) Plainly and prominently state on its face: “THE RECIPIENT OF THIS SUBPOENA HAS THE RIGHT TO OBJECT TO THIS SUBPOENA WITHIN FIFTEEN (15) DAYS OF PROPER SERVICE BY SUBMITTING A REASONABLY SPECIFIC WRITTEN OBJECTION TO THE PARTY INITIATING THE SUBPOENA AS WELL AS THE LOCAL ISSUING CLERK OF THE COURT AT THE FOLLOWING ADDRESS: [ADDRESS OF CLERK OF COURT].”

","history":"(Act 2012-518, p. 1538, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15483,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15250,"codeId":42841,"versionId":35068,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-403","shortTitle":"Section 12-21-403","catchLine":"Service of Subpoena.","title":"Section 12-21-403 Service of Subpoena.","sectionRange":null,"content":"

A subpoena issued by a clerk of court under Section 12-21-402 must be served in compliance with Rule 45 of the Alabama Rules of Civil Procedure.

","history":"(Act 2012-518, p. 1538, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15484,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15251,"codeId":42842,"versionId":35069,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-404","shortTitle":"Section 12-21-404","catchLine":"Construction with Other Rules and Laws.","title":"Section 12-21-404 Construction with Other Rules and Laws.","sectionRange":null,"content":"

The Alabama Rules of Civil Procedure as well as any applicable provision of the Code of Alabama 1975, apply to subpoenas issued under Section 12-21-402. To the extent that the provisions of Rule 28(b)(3) and subsection (c) of Rule 28 conflict with this article, those provisions are no longer effective.

","history":"(Act 2012-518, p. 1538, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15485,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15252,"codeId":42843,"versionId":35070,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-405","shortTitle":"Section 12-21-405","catchLine":"Application for Protective Order.","title":"Section 12-21-405 Application for Protective Order.","sectionRange":null,"content":"

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 12-21-402 must comply with the rules or statutes of this state and must be submitted to the circuit court in the county in which discovery is to be conducted.

","history":"(Act 2012-518, p. 1538, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15486,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15253,"codeId":42844,"versionId":35071,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-406","shortTitle":"Section 12-21-406","catchLine":"Uniformity of Laws.","title":"Section 12-21-406 Uniformity of Laws.","sectionRange":null,"content":"

(a) In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(b) The privilege extended to persons in other states for discovery under this article shall only apply if the jurisdiction where the action is pending has extended a similar privilege to persons in this state.

","history":"(Act 2012-518, p. 1538, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15487,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15254,"codeId":42845,"versionId":35072,"parentId":42837,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-21-407","shortTitle":"Section 12-21-407","catchLine":"Application of Article.","title":"Section 12-21-407 Application of Article.","sectionRange":null,"content":"

This article applies to requests for discovery in cases pending on or filed after January 1, 2013.

","history":"(Act 2012-518, p. 1538, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15488,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15255,"codeId":27109,"versionId":null,"parentId":12,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"22","shortTitle":"Chapter 22","catchLine":"Appellate Proceedings.","title":"Chapter 22 Appellate Proceedings.","sectionRange":"§12-22-1 to §12-22-246","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15489,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15256,"codeId":27110,"versionId":null,"parentId":27109,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions","title":"Article 1 General Provisions","sectionRange":"§12-22-1 to §12-22-76","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15490,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15257,"codeId":27111,"versionId":null,"parentId":27110,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"Judgments, Decrees and Orders Supporting Appeal.","title":"Division 1 Judgments, Decrees and Orders Supporting Appeal.","sectionRange":"§12-22-1 to §12-22-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15491,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15258,"codeId":27112,"versionId":21413,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-1","shortTitle":"Section 12-22-1","catchLine":"Confession of Judgment.","title":"Section 12-22-1 Confession of Judgment.","sectionRange":null,"content":"

A confession of judgment is in law a release of errors.

","history":"(Code 1852, §3036; Code 1867, §3504; Code 1876, §3945;Code 1886, §3660; Code 1896, §477; Code 1907, §2892; Code 1923, §6152; Code 1940, T. 7, §813.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15492,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15259,"codeId":27113,"versionId":21414,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-2","shortTitle":"Section 12-22-2","catchLine":"Final Judgments of Circuit or Probate Courts.","title":"Section 12-22-2 Final Judgments of Circuit or Probate Courts.","sectionRange":null,"content":"

From any final judgment of the circuit court or probate court, an appeal lies to the appropriate appellate court as a matter of right by either party, or their personal representatives, within the time and in the manner prescribed by the Alabama Rules of Appellate Procedure.

","history":"(Code 1867, §3485; Code 1876, §3916; Code 1886, §3611; Code 1896, §426; Code 1907, §2837; Code 1923, §6078; Code 1940, T. 7, §754.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15493,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15260,"codeId":27114,"versionId":21415,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-3","shortTitle":"Section 12-22-3","catchLine":"Judgments or Decrees of Abolished Courts of Record.","title":"Section 12-22-3 Judgments or Decrees of Abolished Courts of Record.","sectionRange":null,"content":"

If a court of record ceases to exist by reason of the repeal of the statute creating it and, while existing, rendered a judgment or decree from which an appeal would lie, within the time prescribed by law, an appeal therefrom may be taken by filing a notice of appeal with the clerk or register of the court to which the unfinished business or the records of such inferior court may be transferred as if such judgment or decree had been rendered in the court having the jurisdiction of such unfinished business or the custody of such records. In the event of the reversal of such judgment or decree, the remandment of the case must be to the latter court.

","history":"(Code 1876, §§3919, 3920; Code 1886, §3618; Code 1896, §435; Code 1907, §2847; Code 1923, §6089; Code 1940, T. 7, §753.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15494,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15261,"codeId":27115,"versionId":21416,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-4","shortTitle":"Section 12-22-4","catchLine":"Judgment on Partial or Annual Settlement of Estate.","title":"Section 12-22-4 Judgment on Partial or Annual Settlement of Estate.","sectionRange":null,"content":"

From a judgment of the circuit court or probate court on a partial or annual settlement of an estate of a deceased person, an appeal lies to the Supreme Court; but this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case.

","history":"(Code 1896, §433; Code 1907, §2845; Code 1923, §6087; Code 1940, T. 7, §763.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15495,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15262,"codeId":27116,"versionId":21417,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-5","shortTitle":"Section 12-22-5","catchLine":"Final Judgment in Ad Quod Damnum Proceedings Under Condemnation Order.","title":"Section 12-22-5 Final Judgment in Ad Quod Damnum Proceedings Under Condemnation Order.","sectionRange":null,"content":"

When an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4, Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed if the compensation assessed is paid to the owner and the costs of the case are paid into court, or if such compensation together with the costs of the case are paid into court and the applicant has given bond in double the amount of the damages assessed, conditioned to pay to the landowner such judgment as may be finally entered in his favor.

","history":"(Code 1907, §2842; Acts 1911, No. 442, p. 625; Code 1923, §6084; Code 1940, T. 7, §760.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15496,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15263,"codeId":27117,"versionId":21418,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-6","shortTitle":"Section 12-22-6","catchLine":"Judgments on Applications for Remedial Writs.","title":"Section 12-22-6 Judgments on Applications for Remedial Writs.","sectionRange":null,"content":"

Appeals may be taken to the appropriate appellate court from the judgment of the circuit court on application for writs of certiorari, supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case.

","history":"(Code 1876, §3923; Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7, §761.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15497,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15264,"codeId":27118,"versionId":21419,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-7","shortTitle":"Section 12-22-7","catchLine":"Applications for Temporary Restraining Orders Generally; Renewal of Applications.","title":"Section 12-22-7 Applications for Temporary Restraining Orders Generally; Renewal of Applications.","sectionRange":null,"content":"

If any application is made to a circuit court judge for a temporary restraining order and refused, no other circuit court judge can act on the application. The application may be made to a judge of the Court of Civil Appeals or Supreme Court; if refused by a judge of the Court of Civil Appeals, it may be renewed to a judge of the Supreme Court, but no other officer, and, if refused by a judge of the Supreme Court, it cannot be renewed. Application to an appellate judge shall be made and acted upon in accordance with the Alabama Rules of Civil Procedure.

","history":"(Code 1852, §2976; Code 1867, §3431; Code 1876, §3872; Code 1886, §3525; Code 1896, §790; Code 1907, §4519; Code 1923, §8295; Code 1940, T. 7, §1045.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15498,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15265,"codeId":27119,"versionId":21420,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-8","shortTitle":"Section 12-22-8","catchLine":"Applications to Supreme Court or Court of Civil Appeals for Temporary Restraining Orders or Other Equitable Process.","title":"Section 12-22-8 Applications to Supreme Court or Court of Civil Appeals for Temporary Restraining Orders or Other Equitable Process.","sectionRange":null,"content":"

No application shall be made to a justice of the Supreme Court or a judge of the Court of Civil Appeals for a temporary restraining order or other equitable process which may be granted by any other judge or officer unless the same has been made to such other judge or officer and refused by him.

","history":"(Code 1852, §2977; Code 1867, §3432; Code 1876, §3873; Code 1886, §3526; Code 1896, §791; Code 1907, §4520; Code 1923, §8296; Code 1940, T. 7, §1046.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15499,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15266,"codeId":27120,"versionId":21421,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-9","shortTitle":"Section 12-22-9","catchLine":"Order Appointing or Refusing to Appoint Receiver.","title":"Section 12-22-9 Order Appointing or Refusing to Appoint Receiver.","sectionRange":null,"content":"

An appeal will lie to the appropriate appellate court from an order appointing or refusing to appoint a receiver.

","history":"(Code 1867, §4422; Code 1876, §3921; Code 1886, §2614; Code 1896, §429; Code 1907, §2840; Code 1923, §6082; Code 1940, T. 7, §758.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15500,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15267,"codeId":27121,"versionId":21422,"parentId":27111,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-10","shortTitle":"Section 12-22-10","catchLine":"Grant or Refusal of Motion for New Trial.","title":"Section 12-22-10 Grant or Refusal of Motion for New Trial.","sectionRange":null,"content":"

Either party in a civil case, or the defendant in a criminal case, may appeal to the appropriate appellate court from an order granting or refusing a motion for a new trial by the circuit court.

","history":"(Code 1896, §434; Code 1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts 1949, No. 57, p. 81.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15501,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15268,"codeId":27122,"versionId":null,"parentId":27110,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Appeals from Probate Court.","title":"Division 2 Appeals from Probate Court.","sectionRange":"§12-22-20 to §12-22-27","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15502,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15269,"codeId":27123,"versionId":21423,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-20","shortTitle":"Section 12-22-20","catchLine":"Final Judgments, Orders, or Decrees Generally.","title":"Section 12-22-20 Final Judgments, Orders, or Decrees Generally.","sectionRange":null,"content":"

An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order or decree of the probate judge; and, in all cases where it may of right be done, the appellate court shall render such decree, order or judgment as the probate court ought to have rendered.

","history":"(Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457; Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15503,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15270,"codeId":27124,"versionId":21424,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-21","shortTitle":"Section 12-22-21","catchLine":"Other Orders, Judgments, or Decrees.","title":"Section 12-22-21 Other Orders, Judgments, or Decrees.","sectionRange":null,"content":"

Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the circuit court in such cases shall be within the time hereinafter specified:

(1) From the decree, judgment or order on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest;

(2) From the decree, judgment or order on an application claiming the right to execute a will or administer an estate, to be taken within 42 days after the hearing and decision of such application, unless the application was denied because the applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason of improvidence, intemperance or want of understanding, in which case the appeal must be taken within seven days from the denial of the application;

(3) Upon any decree, judgment or order removing an executor or administrator, in which case the appeal must be taken within seven days after such decree, judgment or order;

(4) By a legatee or person entitled to distribution, on the decision of the court, in proceedings instituted to compel the payment of a legacy or distributive share, at any time within 42 days after such decision;

(5) After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting any item or matter thereof, or any previous settlement or item, or matter thereof, within 42 days thereafter;

(6) Upon any issue as to the insolvency of an estate and upon any issue as to an allowance of any claim against insolvent estates, in which cases the appeal must be taken within 42 days after the determination of such issue; and

(7) On an application for a division or partition of real or personal property, in which case the appeal must be taken within 42 days, and the decree, judgment or order may be stayed upon the execution, within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition to be prescribed by the probate judge, such stay of execution to continue until the appeal is decided.

","history":"(Code 1852, §1888; Code 1867, §2244; Code 1876, §3954; Code 1886, §3641; Code 1896, §458; Code 1907, §2856; Code 1923, §6115; Code 1940, T. 7, §776.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15504,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15271,"codeId":27125,"versionId":21425,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-22","shortTitle":"Section 12-22-22","catchLine":"Appeal from Circuit Court Judgment on Appeal.","title":"Section 12-22-22 Appeal from Circuit Court Judgment on Appeal.","sectionRange":null,"content":"

An appeal to the Supreme Court may be taken from the judgment of the circuit court on an appeal brought to such court under the provisions of this division.

","history":"(Code 1852, §1894; Code 1867, §2253; Code 1876, §3963; Code 1886, §3642; Code 1896, §459; Code 1907, §2857; Code 1923, §6116; Code 1940, T. 7, §777.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15505,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15272,"codeId":27126,"versionId":21426,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-23","shortTitle":"Section 12-22-23","catchLine":"Contest of Will Removed to Probate Court of Another County.","title":"Section 12-22-23 Contest of Will Removed to Probate Court of Another County.","sectionRange":null,"content":"

Upon the contest of a will removed from the probate court of the county in which it was propounded to the probate court of another county for trial, an appeal lies to the Supreme Court.

","history":"(Code 1852, §1889; Code 1867, §2248; Code 1876, §3958; Code 1886, §3643; Code 1896, §460; Code 1907, §2858; Code 1923, §6117; Code 1940, T. 7, §778.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15506,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15273,"codeId":27127,"versionId":21427,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-24","shortTitle":"Section 12-22-24","catchLine":"Bond on Appeal of Order Removing Executor or Administrator.","title":"Section 12-22-24 Bond on Appeal of Order Removing Executor or Administrator.","sectionRange":null,"content":"

(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in the amount fixed by him, not less than the amount of his bond as executor or administrator, conditioned to prosecute the appeal to effect and, until the same is decided, faithfully to discharge his duties as such executor or administrator.

(b) If such appeal is decided against the appellant, any cash bond posted or part thereof may be ordered forfeited for costs, or, if other than a cash bond was given, execution for costs may issue against him and the sureties on such bond, their names being certified with the record to the appellate court.

(c) Such bond also stands as security for the faithful discharge of his duties as such executor or administrator, from the time the same is approved until the appeal is finally decided.

","history":"(Code 1852, §§1895-1897; Code 1867, §§2254-2256; Code 1876, §§3964-3966; Code 1886, §§3644-3646; Code 1896, §§461-463; Code 1907, §§2859-2861; Code 1923, §§6118-6120;Code 1940, T. 7, §§779-781.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15507,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15274,"codeId":27128,"versionId":21428,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-25","shortTitle":"Section 12-22-25","catchLine":"Security for Costs of Appeal.","title":"Section 12-22-25 Security for Costs of Appeal.","sectionRange":null,"content":"

In all other cases in which an appeal is taken under the provisions of this division, the appellant, or someone for him, must give security for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit court, as the case may be, and the names of such sureties must be certified with the record to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite. If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered against him for a less amount than the judgment of the court from which the appeal is taken, execution may issue against him and such sureties for the costs of the appeal.

","history":"(Code 1852, §1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907, §2862; Code 1923, §6121; Code 1940, T. 7, §782.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15508,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15275,"codeId":27129,"versionId":21429,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-26","shortTitle":"Section 12-22-26","catchLine":"Appeals by Next Friends or Guardians of Minors or Persons of Unsound Mind.","title":"Section 12-22-26 Appeals by Next Friends or Guardians of Minors or Persons of Unsound Mind.","sectionRange":null,"content":"

The next friend or general guardian of a minor or of a person of unsound mind may, in the name of such minor or person of unsound mind, take and prosecute an appeal from any final decree of the probate court or from any judgment, order or decree of the probate judge, on giving security for the costs of the appeal; but a guardian ad litem may take and prosecute an appeal without giving any security for costs of the appeal and shall not be liable personally for costs of the appeal.

","history":"(Code 1867, §2258; Code 1876, §3968; Code 1886, §3651; Code 1896, §468; Code 1907, §2866; Code 1923, §6125; Code 1940, T. 7, §786.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15509,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15276,"codeId":27130,"versionId":21430,"parentId":27122,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-27","shortTitle":"Section 12-22-27","catchLine":"Reimbursement of Costs from Estate of Testator, Etc.","title":"Section 12-22-27 Reimbursement of Costs from Estate of Testator, Etc.","sectionRange":null,"content":"

The costs of an appeal, when paid by an executor or administrator, guardian or guardian ad litem, or next friend or an administrator ad litem, may, in the discretion of the probate judge, be reimbursed from the estate of the testator, intestate, infant or person of unsound mind.

","history":"(Code 1852, §1899; Code 1867, §2259; Code 1876, §3969; Code 1886, §3652; Code 1896, §469; Code 1907, §2867; Code 1923, §6126; Code 1940, T. 7, §787.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15510,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15277,"codeId":27131,"versionId":null,"parentId":27110,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Bonds and Security for Costs on Appeal.","title":"Division 3 Bonds and Security for Costs on Appeal.","sectionRange":"§12-22-40 to §12-22-41","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15511,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15278,"codeId":27132,"versionId":21431,"parentId":27131,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-40","shortTitle":"Section 12-22-40","catchLine":"Recording of Order Fixing Supersedeas Bond; Failure to Make or Record Same.","title":"Section 12-22-40 Recording of Order Fixing Supersedeas Bond; Failure to Make or Record Same.","sectionRange":null,"content":"

The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register on the minutes of the court, but the failure to make such order or, if made, to file or record the same shall not impair the validity or obligation of any bond which is given as a security by which an appeal and a stay of execution are in fact obtained.

","history":"(Code 1852, §3020; Code 1867, §3490; Code 1876, §3928; Code 1886, §3626; Code 1896, §443; Code 1907, §2876; Code 1923, §6135; Code 1940, T. 7, §796.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15512,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15279,"codeId":27133,"versionId":21432,"parentId":27131,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-41","shortTitle":"Section 12-22-41","catchLine":"Liability to Appellee for Taking Insufficient Surety.","title":"Section 12-22-41 Liability to Appellee for Taking Insufficient Surety.","sectionRange":null,"content":"

For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was generally reputed good for the amount when he was received; but the clerk, register or probate judge is not required to receive anyone as surety who refuses to answer on oath as to his sufficiency.

","history":"(Code 1852, §3021; Code 1867, §3491; Code 1876, §3929; Code 1886, §3630; Code 1896, §447; Code 1907, §2880; Code 1923, §6139; Code 1940, T. 7, §800.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15513,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15280,"codeId":27134,"versionId":null,"parentId":27110,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Record on Appeal.","title":"Division 4 Record on Appeal.","sectionRange":"§12-22-60","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15514,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15281,"codeId":27135,"versionId":21433,"parentId":27134,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-60","shortTitle":"Section 12-22-60","catchLine":"Liability of Clerk, Register or Probate Judge for Delayed or Defective Record.","title":"Section 12-22-60 Liability of Clerk, Register or Probate Judge for Delayed or Defective Record.","sectionRange":null,"content":"

If, by reason of negligence or delay of the clerk, register or probate judge, the record on appeal is not delivered to the clerk of the appellate court in time to be filed or if the record on appeal is so defective that the appellate court cannot proceed thereon, the clerk, register or probate judge forfeits to the party aggrieved the sum of $200.00 and is further liable to him, in an action on the case, for all damages sustained by his neglect or delay.

","history":"(Code 1852, §3028; Code 1867, §3496; Code 1876, §3937; Code 1886, §3636; Code 1896, §453; Code 1907, §2850; Code 1923, §6109; Code 1940, T. 7, §772.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15515,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15282,"codeId":27136,"versionId":null,"parentId":27110,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"5","shortTitle":"Division 5","catchLine":"Disposition of Appeals.","title":"Division 5 Disposition of Appeals.","sectionRange":"§12-22-70 to §12-22-76","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15516,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15283,"codeId":27137,"versionId":21434,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-70","shortTitle":"Section 12-22-70","catchLine":"Procedure Upon Reversal of Judgment or Decree.","title":"Section 12-22-70 Procedure Upon Reversal of Judgment or Decree.","sectionRange":null,"content":"

The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings or enter such judgment or decree as the court below should have entered or rendered, when the record enables it to do so.

","history":"(Code 1852, §3034; Code 1867, §3502; Code 1876, §3943; Code 1886, §3658; Code 1896, §475; Code 1907, §2890; Code 1923, §6149; Code 1940, T. 7, §810.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15517,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15284,"codeId":27138,"versionId":21435,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-71","shortTitle":"Section 12-22-71","catchLine":"Proceedings When Only Amount of Judgment Excessive.","title":"Section 12-22-71 Proceedings When Only Amount of Judgment Excessive.","sectionRange":null,"content":"

When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the opinion that the case should be reversed because the judgment of the lower court is excessive and that there is no other ground of reversal, the appellate court shall notify the appellee of the amount which it deems in excess of the just and proper amount of recovery and require the appellee, within a time to be stated in said notice, to remit such amount upon penalty of a reversal of the case. If the appellee does not, within the time stated in such notice or within such further time as may be granted by the court for good reason file a remittitur of such excessive amount, the appellate court shall reverse and remand the case; but, if the appellee shall file with the court a remittitur of the amount deemed excessive by the court, the appellate court shall reduce the amount of the judgment accordingly and shall affirm the case and enter a judgment for such reduced amount, which judgment so entered shall be and remain the judgment of the lower court and shall date back to the time of the entry or rendition of the judgment in the lower court.

","history":"(Acts 1915, No. 542, p. 610; Code 1923, §6150; Code 1940, T. 7, §811.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15518,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15285,"codeId":27139,"versionId":21436,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-72","shortTitle":"Section 12-22-72","catchLine":"Affirmation of Stayed Judgment - Generally.","title":"Section 12-22-72 Affirmation of Stayed Judgment - Generally.","sectionRange":null,"content":"

When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also enter judgment against all or any of the obligors on the bond for the amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal of any judgment or decree entered or rendered for any amount of commissions, fees or compensation fixed or determined by the trial court and taxed or allowed as costs, if the appellate court affirms the judgment or decree of the court below and the payment thereof has been stayed on such appeal, judgment shall be entered by the appellate court against all or any of the obligors on the bond for the amount affirmed, and the costs of the appellate court; provided, however, that if no supersedeas bond has been executed on such appeal, the appellate court, in the event of affirmance, shall increase the amount so allowed as costs by the court below in the judgment or decree appealed from by adding thereto the costs of the appellate court.

","history":"(Code 1852, §§3032, 3033; Code 1867, §§3500, 3501; Code 1876, §§3941, 3942; Code 1886, §§3661, 3662; Code 1896, §478; Code 1907, §2893; Code 1923, §6153; Code 1940, T. 7, §814; Acts 1951, No. 724, p. 1275; Acts 1987, No. 87-188, p. 259,§1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15519,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15286,"codeId":27140,"versionId":21437,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-73","shortTitle":"Section 12-22-73","catchLine":"Affirmation of Stayed Judgment - Right of Property.","title":"Section 12-22-73 Affirmation of Stayed Judgment - Right of Property.","sectionRange":null,"content":"

When an appeal is taken on a trial of the right of property and the judgment is stayed by the execution of a supersedeas bond, if the appellate court affirms the judgment of the court below, it must also enter judgment against the obligors in said bond for the amount of the costs of the appellate court.

","history":"(Code 1852, §3024; Code 1867, §3494; Code 1876, §3935; Code 1886, §3663; Code 1896, §479; Code 1907, §2894; Code 1923, §6154; Code 1940, T. 7, §815; Acts 1987, No. 87-188, p. 259, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15520,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15287,"codeId":27141,"versionId":21438,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-73.1","shortTitle":"Section 12-22-73.1","catchLine":"Applicability of 1987 Amendment to Sections 12-22-72 and 12-22-73.","title":"Section 12-22-73.1 Applicability of 1987 Amendment to Sections 12-22-72 and 12-22-73.","sectionRange":null,"content":"

On the effective date of Act No. 87-188 [June 11, 1987], the provisions contained therein shall apply to all causes of action not yet filed, any lawsuit upon which any judgment has not been rendered and/or all judgments which have not been affirmed by an appropriate appellate court and had a 10 percent penalty assessed as so provided by Section 12-22-72 and/or Section 12-22-73.

","history":"(Acts 1987, No. 87-188, p. 259, §3; Acts 1988, 1st Sp. Sess., No. 88-918, p. 512, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15521,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15288,"codeId":27142,"versionId":21439,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-74","shortTitle":"Section 12-22-74","catchLine":"Affirmation of Stayed Judgment - Recovery of Chattels in Specie.","title":"Section 12-22-74 Affirmation of Stayed Judgment - Recovery of Chattels in Specie.","sectionRange":null,"content":"

Upon the affirmance of a judgment for the recovery of chattels in specie, judgment for which has been stayed by the execution of a supersedeas bond, the court must also enter judgment against the obligors in said bond for 10 percent of the alternative value of such property as fixed by the court below, and the damages fixed for the detention thereof.

","history":"(Code 1852, §3027; Code 1867, §3495; Code 1876, §3936; Code 1886, §3664; Code 1896, §480; Code 1907, §2895; Code 1923, §6155; Code 1940, T. 7, §816.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15522,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15289,"codeId":27143,"versionId":21440,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-75","shortTitle":"Section 12-22-75","catchLine":"Execution Upon Dismissal of Appeal or Affirmation of Judgment, Etc.","title":"Section 12-22-75 Execution Upon Dismissal of Appeal or Affirmation of Judgment, Etc.","sectionRange":null,"content":"

When an appeal shall be prosecuted from a judgment to the appropriate appellate court and such appeal is dismissed or the judgment is affirmed, upon a certificate of judgment of the appellate court being filed in the office of the clerk of the court from which the case was originally appealed, execution may issue and other proceedings be had thereon in all respects as if no appeal had been prosecuted.

","history":"(Code 1923, §6092; Code 1940, T. 7, §747.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15523,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15290,"codeId":27144,"versionId":21441,"parentId":27136,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-76","shortTitle":"Section 12-22-76","catchLine":"Execution by Lower Courts for Unpaid Costs.","title":"Section 12-22-76 Execution by Lower Courts for Unpaid Costs.","sectionRange":null,"content":"

Clerks of the circuit court and probate judges, when cases have been taken from their respective courts to an appellate court by appeal or other lawful mode and been there decided, if the costs accruing in such lower courts for transcripts, or otherwise, are not paid by the parties against whom they were adjudged in the appellate court, may issue executions for costs, returnable into the court in which such costs accrued.

","history":"(Code 1867, §3511; Code 1876, §3952; Code 1886, §3639; Code 1896, §456; Code 1907, §2854; Code 1923, §6113; Code 1940, T. 7, §752.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15524,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15291,"codeId":27145,"versionId":null,"parentId":27109,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Criminal Cases.","title":"Article 2 Criminal Cases.","sectionRange":"§12-22-90 to §12-22-246","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15525,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15292,"codeId":27146,"versionId":null,"parentId":27145,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"General Provisions.","title":"Division 1 General Provisions.","sectionRange":"§12-22-90 to §12-22-91","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15526,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15293,"codeId":27147,"versionId":21442,"parentId":27146,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-90","shortTitle":"Section 12-22-90","catchLine":"Appeals in Habeas Corpus.","title":"Section 12-22-90 Appeals in Habeas Corpus.","sectionRange":null,"content":"

(a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court.

(b) The district attorney or other prosecuting officer or attorney may take an appeal on behalf of the state to the appropriate appellate court when, on habeas corpus, any person held in custody under a charge or conviction for crime or for extradition as a fugitive from justice from any other state is discharged from custody or when any person held in custody under an indictment by the grand jury charging him with a capital offense is admitted to bail. In all such cases the judgment must be stayed pending the appeal.

(c) Pending the appeal, the person restrained shall be admitted to bail, with sufficient sureties, conditioned that he will appear before such court or officer as may be prescribed by the judge and abide the judgment entered, provided such person is charged with an offense that is bailable under the laws of this state and is not a prisoner serving his sentence and the judgment appealed from is not a judgment denying his application for bail.

","history":"(Code 1896, §4314; Code 1907, §6245; Code 1923, §3238; Acts 1927, No. 113, p. 76; Acts 1936, Ex. Sess., No. 122, p. 81; Code 1940, T. 15, §369; Acts 1949, No. 57, p. 81; Acts 1955, No. 60, p. 294.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15527,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15294,"codeId":27148,"versionId":21443,"parentId":27146,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-91","shortTitle":"Section 12-22-91","catchLine":"Appeal When Statute Under Which Prosecution Preferred Held Unconstitutional.","title":"Section 12-22-91 Appeal When Statute Under Which Prosecution Preferred Held Unconstitutional.","sectionRange":null,"content":"

In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal cases, and the clerk must transmit, without delay, the record on appeal and the notice of appeal to the Supreme Court.

","history":"(Code 1886, §4515; Code 1896, §4315; Code 1907, §6246; Code 1923, §3239; Code 1940, T. 15, §370.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15528,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15295,"codeId":27149,"versionId":null,"parentId":27145,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Appeals to Specific Courts.","title":"Division 2 Appeals to Specific Courts.","sectionRange":"§12-22-111 to §12-22-133","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15529,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15296,"codeId":27150,"versionId":null,"parentId":27149,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"Appeals to Circuit Courts.","title":"Division 1 Appeals to Circuit Courts.","sectionRange":"§12-22-111 to §12-22-114","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15530,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15297,"codeId":27151,"versionId":21444,"parentId":27150,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-111","shortTitle":"Section 12-22-111","catchLine":"Issuance, Execution and Return of Subpoenas for Witnesses; Liability of Witnesses Failing to Appear.","title":"Section 12-22-111 Issuance, Execution and Return of Subpoenas for Witnesses; Liability of Witnesses Failing to Appear.","sectionRange":null,"content":"

In cases of appeal, the clerk of the court shall issue subpoenas for such witnesses as may be required, both for the state and for the accused, returnable to the next session of the court to which the appeal is taken, which subpoenas shall be executed by the sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify as required, they shall be liable to the same penalties, forfeitures and proceedings as if the subpoenas had been issued out of the circuit court.

","history":"(Code 1852, §506; Code 1867, §4056; Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840; Code 1940, T. 15, §360.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15531,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15298,"codeId":27152,"versionId":21445,"parentId":27150,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-112","shortTitle":"Section 12-22-112","catchLine":"Liability of Defendant Failing to Appear; Warrant of Arrest.","title":"Section 12-22-112 Liability of Defendant Failing to Appear; Warrant of Arrest.","sectionRange":null,"content":"

(a) If the defendant fails to appear at the circuit court as required by the appeal bond, he shall be liable to the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court, and a new warrant of arrest may issue from that court without any other authority therefor.

(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when the defendant is arrested, he must be dealt within all respects as if the arrest had been made on capias from the circuit court.

","history":"(Code 1852, §§507, 508; Code 1867, §§4057, 4058; Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907, §§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15532,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15299,"codeId":27153,"versionId":21446,"parentId":27150,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-113","shortTitle":"Section 12-22-113","catchLine":"De Novo Trial in Circuit Court; Statement of Cause of Complaint.","title":"Section 12-22-113 De Novo Trial in Circuit Court; Statement of Cause of Complaint.","sectionRange":null,"content":"

The trial in the circuit court shall be de novo and without any indictment or presentment by the grand jury, but the district attorney shall make a brief statement of the cause of complaint signed by him, which maybe in the following form:

The State of Alabama, }In the circuit court, ______20__ On appeal from the district (or municipal) court.___________ county.}

The State of Alabama, by its district attorney, complains of C.D., that, within 12 months before the commencement of this prosecution, he did (here describe the offense as in cases of indictment). G. H., district attorney.

","history":"(Code 1852, §509; Code 1867, §4059; Code 1876, §4729; Code 1886, §4231; Code 1896, §4627; Code 1907, §6730; Code 1923, §3843; Code 1940, T. 15, §363.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15533,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15300,"codeId":27154,"versionId":21447,"parentId":27150,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-114","shortTitle":"Section 12-22-114","catchLine":"Rules as to Evidence, Etc., Governing Appeals.","title":"Section 12-22-114 Rules as to Evidence, Etc., Governing Appeals.","sectionRange":null,"content":"

On the trial of such appeals, the court shall be governed by the same rules as to evidence, practice, finding of the jury and punishment as if the case had originated in that court.

","history":"(Code 1852, §510; Code 1867, §4060; Code 1876, §4730; Code 1886, §4232; Code 1896, §4628; Code 1907, §6731; Code 1923, §3844; Code 1940, T. 15, §364.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15534,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15301,"codeId":27155,"versionId":null,"parentId":27149,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Appeals to Supreme Court or Court of Criminal Appeals.","title":"Division 2 Appeals to Supreme Court or Court of Criminal Appeals.","sectionRange":"§12-22-130 to §12-22-133","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15535,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15302,"codeId":27156,"versionId":21448,"parentId":27155,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-130","shortTitle":"Section 12-22-130","catchLine":"Appealing Judgment of Conviction.","title":"Section 12-22-130 Appealing Judgment of Conviction.","sectionRange":null,"content":"

A person convicted of a criminal offense in the circuit court or other court from which an appeal lies directly to the Supreme Court or Court of Criminal Appeals may appeal from the judgment of conviction to the appropriate appellate court.

","history":"(Code 1896, §4313; Code 1907, §6244; Code 1923, §3236; Code 1940, T. 15, §367.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15536,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15303,"codeId":27157,"versionId":21449,"parentId":27155,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-131","shortTitle":"Section 12-22-131","catchLine":"Review in Court of Criminal Appeals; When Appeal Taken to Wrong Court; Decision Where Conflict Over Jurisdiction.","title":"Section 12-22-131 Review in Court of Criminal Appeals; When Appeal Taken to Wrong Court; Decision Where Conflict Over Jurisdiction.","sectionRange":null,"content":"

Wherever jurisdiction is now or may hereafter be conferred on the Court of Criminal Appeals, a review or revision may be had in and by the Court of Criminal Appeals in the same manner and by the same mode and means as is provided for appeal, review or revision in or by the Supreme Court. Wherever the appeal or review is taken or attempted to be taken to the Supreme Court when it should have been taken to the Court of Criminal Appeals, the Supreme Court may ex mero motu or upon motion have the case, record and proceedings transferred to the Court of Criminal Appeals for decision and disposition by the Court of Criminal Appeals; and, if the appeal or review is taken or attempted to be taken to the Court of Criminal Appeals when it should have been taken to the Supreme Court, the Court of Criminal Appeals may ex mero motu or on motion transfer the case, record and proceedings to the Supreme Court for disposition by the Supreme Court. If, however, there should be a conflict or difference of opinion between the two courts as to which has jurisdiction of the appeal or proceedings to review, the decision of the Supreme Court shall control.

","history":"(Code 1923, §3235; Code 1940, T. 15, §366.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15537,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15304,"codeId":27158,"versionId":21450,"parentId":27155,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-132","shortTitle":"Section 12-22-132","catchLine":"Reserving Questions of Law; Presumption That Written Charges Asked Before Jury Retired.","title":"Section 12-22-132 Reserving Questions of Law; Presumption That Written Charges Asked Before Jury Retired.","sectionRange":null,"content":"

Any question of law arising in any of the proceedings in a criminal case tried in the circuit court may be reserved by the defendant, but not by the state, except as provided in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals. All written charges in the record on appeal shall be presumed to have been asked of the court before the jury retired unless shown to the contrary by notation of the trial judge of the refused charges.

","history":"(Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508; Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15538,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15305,"codeId":27159,"versionId":21451,"parentId":27155,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-133","shortTitle":"Section 12-22-133","catchLine":"Retention of Jurisdiction by Trial Court.","title":"Section 12-22-133 Retention of Jurisdiction by Trial Court.","sectionRange":null,"content":"

Where an appeal is taken from the judgment of any municipal, district or circuit court in criminal cases, the trial court retains jurisdiction for the purpose of granting a motion for a new trial and also retains jurisdiction for the purpose of enforcing its judgment where the appeal is dismissed before the judgment of the appellate court is entered.

","history":"(Code 1923, §3251; Code 1940, T. 15, §382.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15539,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15306,"codeId":27160,"versionId":null,"parentId":27145,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Automatic Appeal from Death Sentence.","title":"Division 3 Automatic Appeal from Death Sentence.","sectionRange":"§12-22-150","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15540,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15307,"codeId":27161,"versionId":21452,"parentId":27160,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-150","shortTitle":"Section 12-22-150","catchLine":"Duty of Trial Judge to Enter Appeal; Automatic Stay of Execution; How Appeal Governed.","title":"Section 12-22-150 Duty of Trial Judge to Enter Appeal; Automatic Stay of Execution; How Appeal Governed.","sectionRange":null,"content":"

In all cases wherein a defendant is tried and convicted for the commission of a felony against the peace and dignity of the State of Alabama and the death sentence is imposed, it shall be the duty of the trial judge, immediately after the imposition of sentence, to enter of record, with or without the direction or election of the defendant, that the defendant appeals from said judgment of conviction. Upon the entry of an order of appeal from such judgment of conviction, execution of sentence shall automatically be stayed pending said appeal. Said appeal, except as otherwise provided in this division, shall in all respects be governed as provided by law and rules of court.

","history":"(Acts 1943, No. 249, p. 217, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15541,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15308,"codeId":27162,"versionId":null,"parentId":27145,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Stays Pending Appeal.","title":"Division 4 Stays Pending Appeal.","sectionRange":"§12-22-170 to §12-22-173","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15542,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15309,"codeId":27163,"versionId":21453,"parentId":27162,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-170","shortTitle":"Section 12-22-170","catchLine":"Stay of Sentence When Question of Law Reserved and Admission to Bail - Felonies.","title":"Section 12-22-170 Stay of Sentence When Question of Law Reserved and Admission to Bail - Felonies.","sectionRange":null,"content":"

When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered against the defendant, but execution thereof must be stayed pending the appeal and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the judge must direct the clerk of the court in which the conviction is had to admit the defendant to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance at the court, from time to time thereafter, as fixed by the court to abide such judgement as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this section shall be had and conducted as is otherwise provided in this code for such proceedings.

","history":"(Code 1852, §753; Code 1867, §4304; Code 1876, §4980; Code 1886, §4511; Code 1896, §4318; Code 1907, §6249; Acts 1911, No. 114, p. 113; Acts 1911, No. 463, p. 626; Acts 1923, No. 105, p. 87; Code 1923, §3241; Code 1940, T. 15, §372; Acts 1951, No. 803, p. 1401.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15543,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15310,"codeId":27164,"versionId":21454,"parentId":27162,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-171","shortTitle":"Section 12-22-171","catchLine":"Stay of Sentence When Question of Law Reserved and Admission to Bail - Misdemeanors.","title":"Section 12-22-171 Stay of Sentence When Question of Law Reserved and Admission to Bail - Misdemeanors.","sectionRange":null,"content":"

When such question is reserved, in case of a misdemeanor, and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered on the conviction, but the execution thereof must be stayed pending the appeal. In such case, the defendant may give bail, with sufficient sureties, conditioned that he will appear and abide the judgment; failing to give such bail, he must be committed to jail, but may give such bail at any time pending the appeal.

","history":"(Code 1852, §754; Code 1867, §4305; Code 1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243; Code 1940, T. 15, §374.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15544,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15311,"codeId":27165,"versionId":21455,"parentId":27162,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-172","shortTitle":"Section 12-22-172","catchLine":"Stays of Execution on Confessed Judgments in Misdemeanors.","title":"Section 12-22-172 Stays of Execution on Confessed Judgments in Misdemeanors.","sectionRange":null,"content":"

In the case of a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and costs as if no appeal were taken, but execution thereon must be stayed pending the appeal, pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed, the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or the appeal is dismissed, execution on such confessed judgment may issue at once.

","history":"(Code 1896, §4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15545,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15312,"codeId":27166,"versionId":21456,"parentId":27162,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-173","shortTitle":"Section 12-22-173","catchLine":"Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal.","title":"Section 12-22-173 Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal.","sectionRange":null,"content":"

In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of the appellate court, the defendant, in person or by his attorney, may waive the benefit of the stayed sentence by filing in the office of the clerk of the court in which the case was tried a statement in writing to that effect, signed by himself or his attorney of record. The clerk must then enter the fact and date of such waiver of stay of sentence upon the margin of the record of the judgment and shall report said convict to the board of corrections as in cases where there is no judgment or stay of sentence, but such waiver of the stay shall not affect the appeal.

","history":"(Code 1923, §3242; Code 1940, T. 15, §373.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15546,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15313,"codeId":27167,"versionId":null,"parentId":27145,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"5","shortTitle":"Division 5","catchLine":"Providing Record on Appeal for Indigents.","title":"Division 5 Providing Record on Appeal for Indigents.","sectionRange":"§12-22-190 to §12-22-201","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15547,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15314,"codeId":27168,"versionId":21457,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-190","shortTitle":"Section 12-22-190","catchLine":"Purpose of Division.","title":"Section 12-22-190 Purpose of Division.","sectionRange":null,"content":"

The Legislature is aware that it has become settled law that a state may or may not authorize appeals from judgments of convictions in criminal cases and certain other related proceedings involving the life, liberty or property of a person convicted of a criminal offense; further, that if a state does provide for appeals in criminal cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are without funds and unable to pay the fees of the court reporter for transcribing the evidence or the fees of the clerk for preparing the record for review on appeal may be denied equal protection of the law or due process of law. It is the purpose of this division to provide such defendants or petitioners with a transcript of the evidence, or a part thereof, and a record for a proper and equal review in certain criminal cases and such other cases wherein it is made to appear that a convicted defendant is indigent and desires to take an appeal and obtain a judicial review of matters that occurred at his trial or hearing.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §1; Acts 1963, No. 525, p. 1129, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15548,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15315,"codeId":27169,"versionId":21458,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-191","shortTitle":"Section 12-22-191","catchLine":"Applicability of Division.","title":"Section 12-22-191 Applicability of Division.","sectionRange":null,"content":"

This division shall apply to all criminal cases tried in the courts of the State of Alabama where a direct appeal to the Supreme Court or Court of Criminal Appeals is provided by law, also to all related or collateral proceedings, including habeas corpus and coram nobis proceedings, involving the life, liberty or property of a person convicted of a criminal offense where an appeal is provided to the Supreme Court or Court of Criminal Appeals.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §2; Acts 1963, No. 525, p. 1129, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15549,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15316,"codeId":27170,"versionId":21459,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-192","shortTitle":"Section 12-22-192","catchLine":"Petition for Appeal Under Division; Contents Thereof.","title":"Section 12-22-192 Petition for Appeal Under Division; Contents Thereof.","sectionRange":null,"content":"

In such criminal cases where the defendant has been adjudicated guilty by the trial court he may, if no motion for a new trial is filed within 10 days after the last day on which a motion for a new trial could have been filed or within 10 days after the ruling of the trial court upon a motion for a new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial judge of the court wherein such defendant was adjudicated guilty and sentenced a petition in writing, sworn to and subscribed by said defendant, stating that the defendant desires to take an appeal under the provisions of this division. Such petition must identify the style of the case, the offense for which the defendant was convicted, the plea made by the defendant, the date of the adjudication of guilt, the sentence and the punishment therefor and the name of the court imposing such punishment, together with the name of the trial judge. Such petition shall also contain the full name of the defendant, together with a statement that he desires to appeal either from the judgment of conviction or from the adverse ruling on the motion for a new trial, or both. Such petition must contain an averment that the defendant is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial of said case, or the fees of the clerk for preparing the record on appeal. In such other cases, including habeas corpus and coram nobis, which are related or collateral proceedings to a conviction of a criminal offense and which proceedings involve the life, liberty or property of a person convicted of a crime, the person convicted may, within 10 days after a judgment or order disposing of the proceedings adversely to said person, file with the clerk or the trial judge of the court making said order a similar petition describing and identifying the proceeding and stating the desire of the petitioner to appeal under the provisions of this division.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §3; Acts 1963, No. 525, p. 1129, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15550,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15317,"codeId":27171,"versionId":21460,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-193","shortTitle":"Section 12-22-193","catchLine":"Examination of Petitioner; Subpoena of Witnesses; Ascertainment of Financial Information; Estimate of Costs and Fees.","title":"Section 12-22-193 Examination of Petitioner; Subpoena of Witnesses; Ascertainment of Financial Information; Estimate of Costs and Fees.","sectionRange":null,"content":"

Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or petitioner under oath concerning the required averment in the petition that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and may call upon the sheriff, the district attorney and other officers of the court to ascertain information relevant to the financial condition and ability of defendant or petitioner. The trial judge shall find from the court reporter or reporters who took stenographic notes at the trial or hearing a general estimate of the costs of transcribing the evidence and other proceedings occurring at the trial, or such part thereof as may be necessary to be transcribed to afford the appellate court with a record on appeal of sufficient completeness as a basis for a fair review of the points insisted upon by the defendant or petitioner and shall also ascertain from the clerk a general estimate of the amount of fees which will be due to said clerk incident to an appeal.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15551,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15318,"codeId":27172,"versionId":21461,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-194","shortTitle":"Section 12-22-194","catchLine":"Report on Financial Condition of Petitioner.","title":"Section 12-22-194 Report on Financial Condition of Petitioner.","sectionRange":null,"content":"

The trial court, either before, after or during said hearing, may designate a probation officer of the court or may designate the county Department of Human Resources to make inquiry and ascertain facts concerning the financial condition and ability of defendant or petitioner, and it shall be the duty of such agencies to investigate and file a written report of its findings with the trial judge. Such report shall state with certainty any and all sources from which the defendant or petitioner could be expected to obtain financial aid to pay such fees.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15552,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15319,"codeId":27173,"versionId":21462,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-195","shortTitle":"Section 12-22-195","catchLine":"Burden of Proof as to Sufficient Funds.","title":"Section 12-22-195 Burden of Proof as to Sufficient Funds.","sectionRange":null,"content":"

The burden shall be upon the convicted defendant or petitioner to satisfy the trial judge that said defendant or petitioner is without said sufficient funds and has no reasonable way to procure the same. If the trial judge is in doubt after such investigation as he deems proper, he shall deny such petition, in whole or in part, and state his reasons therefor and cause the same to be entered on the minutes of the court.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15553,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15320,"codeId":27174,"versionId":21463,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-196","shortTitle":"Section 12-22-196","catchLine":"Entry of Findings on Minutes of Court.","title":"Section 12-22-196 Entry of Findings on Minutes of Court.","sectionRange":null,"content":"

If the trial judge is satisfied that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, necessary for the payment of court reporters’ fees or the clerks’ fees, he shall cause said finding to be entered on the minutes of the court. If the trial judge finds to the contrary, he shall also cause said findings to be entered on the minutes of the court, stating his reasons therefor. If the trial judge finds that the defendant or petitioner is unable to pay all of the court reporter’s fees or all of the clerk’s fees but is able to pay a part, he shall cause to be entered upon the minutes of the court such finding and shall state his reasons therefor and state the amount in money that the defendant or petitioner can reasonably pay.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15554,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15321,"codeId":27175,"versionId":21464,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-197","shortTitle":"Section 12-22-197","catchLine":"Order to Prepare Record on Appeal; Order Authorizing Payment of Fees and Transmission Thereof to State Comptroller.","title":"Section 12-22-197 Order to Prepare Record on Appeal; Order Authorizing Payment of Fees and Transmission Thereof to State Comptroller.","sectionRange":null,"content":"

If it appears to the trial court, after full investigation, that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure same, to pay the court reporter all of his lawful fee for transcribing the evidence and other proceedings had at the trial or the fees of the clerk incident to an appeal or that the defendant or petitioner has reasonably available to him only enough funds to pay a part of such fees, he shall make and enter an order requiring the court reporter to transcribe all or such parts of evidence of the proceedings occurring at the trial that may be necessary to afford the appellate court a record of sufficient completeness for review and shall order the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter an order authorizing the payment of a sum certain to the court reporter of all or a part of his estimated fees, calculated at the rate provided by law, upon the completion and delivery of a transcript and three carbon copies thereof, duly certified and filed with the clerk, one of said carbon copies to be delivered by the clerk to the defendant or petitioner. The court shall also at said time make and enter an order authorizing the payment of a sum certain to the clerk of all or a part of his estimated fees incident to the appeal. Such order shall not be made unless and until the defendant or petitioner has paid to the court reporter and to the clerk that part of the amount due the court reporter and the clerk which the court has found must be borne by the defendant or petitioner, and the defendant or petitioner shall furnish to the court satisfactory evidence of such payment. The trial court shall cause a certified copy of such order to be delivered to the court reporter and to the clerk; and, upon the filing of said transcript and three carbon copies thereof by the court reporter with the clerk of the trial court and the complete preparation of the record on appeal by the clerk, the clerk shall transmit such order to the state Comptroller, whereupon the state Comptroller shall cause to be paid to the court reporter and to the clerk out of the general funds in the State Treasury, not otherwise appropriated, the amount of said fees.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §8; Acts 1963, No. 525, p. 1129, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15555,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15322,"codeId":27176,"versionId":21465,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-198","shortTitle":"Section 12-22-198","catchLine":"Appeals from Denial of Petition or Where Parts of Record Ordered Transcribed Deemed Inadequate.","title":"Section 12-22-198 Appeals from Denial of Petition or Where Parts of Record Ordered Transcribed Deemed Inadequate.","sectionRange":null,"content":"

(a) Any defendant or petitioner who has filed a petition under the provisions of this division and which petition is denied by the trial court, or if parts of the record ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant or petitioner may, within 10 days from the order of the trial court, file a notice of appeal with the clerk of the trial court from the order denying the petition or from the order deemed inadequate in specifying the parts of the transcript of the evidence to be forwarded to the appellate court on appeal, and such notice of appeal shall specify with particularity wherein the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals in cases wherein the punishment is 20 years or less and to the Supreme Court in cases where the punishment exceeds 20 years, the file of the trial court in said proceedings to obtain a transcript and record containing the petition and reports made in writing to the court, the court reporter’s estimate of the cost of the transcript, the estimate of the clerk of his fees incident to an appeal, a certified copy of the order or orders entered by the trial court and other relevant papers pertaining to the petition, together with an opinion or statement of the trial court, as the trial court shall deem necessary. Upon receipt of said court file by the Court of Criminal Appeals or the Supreme Court, such court shall proceed to determine the matter of whether or not a transcript of the evidence and a complete record on appeal should be ordered, prepared and filed and paid for as provided for in this division and shall enter such judgment as in its opinion should have been entered below, or such appellate court may remand such proceedings to the trial court for further proceedings as said appellate court may deem proper.

(b) Such proceedings in the appellate court shall be docketed and filed as other appeals and shall be considered and disposed of without delay. The defendant filing said petition in the trial court shall have the right to file such brief and argument as he so desires; and, in like manner, the state may file such brief and argument. There shall be no costs or charges attending said appeals.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §10; Acts 1963, No. 525, p. 1129, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15556,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15323,"codeId":27177,"versionId":21466,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-199","shortTitle":"Section 12-22-199","catchLine":"Judgment for Costs Against Petitioner When Appeal Unfavorable; Payment Thereof into General Fund; Liability for Payment.","title":"Section 12-22-199 Judgment for Costs Against Petitioner When Appeal Unfavorable; Payment Thereof into General Fund; Liability for Payment.","sectionRange":null,"content":"

In appeals taken under the provisions of this division, if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming said judgment or order shall enter a judgment for costs against the defendant or petitioner, including an amount equal to the fees of the court reporter paid by the state for transcribing the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid into the General Fund of the State of Alabama. If such costs are not presently paid by the defendant or petitioner, or by another in his behalf, execution shall be issued by the trial court upon said judgment against the defendant or petitioner; and, if said execution is levied and collected, the proceeds thereof shall be paid into the General Fund of the state. If such execution is returned to the trial court “no property found,” the defendant or petitioner shall be sentenced additionally by the trial court at hard labor for the county, if the punishment for the offense is a fine or confinement in the county jail or hard labor for the county, or by imprisonment in the state penitentiary, if the punishment for the offense is imprisonment in the penitentiary, for an additional term to pay said costs, at the rate of $5.00 per day.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §11; Acts 1963, No. 525, p. 1129, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15557,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15324,"codeId":27178,"versionId":21467,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-200","shortTitle":"Section 12-22-200","catchLine":"Rules and Regulations.","title":"Section 12-22-200 Rules and Regulations.","sectionRange":null,"content":"

The Supreme Court of the State of Alabama, with the advice and consultation with the Court of Criminal Appeals of Alabama, is authorized to adopt all needful rules and regulations designed to accomplish the purposes set forth in this division; such rules and regulations duly adopted shall have the force and effect of law. The circuit courts and other courts of the state having jurisdiction over proceedings under this division shall have authority to adopt all needful rules and regulations not in conflict with the rules of the Supreme Court designed to accomplish the purposes set forth in this division.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §12; Acts 1963, No. 525, p. 1129, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15558,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15325,"codeId":27179,"versionId":21468,"parentId":27167,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-201","shortTitle":"Section 12-22-201","catchLine":"Annual Appropriation; Approval of Governor for Disbursement.","title":"Section 12-22-201 Annual Appropriation; Approval of Governor for Disbursement.","sectionRange":null,"content":"

There is hereby appropriated annually out of the General Fund of the State Treasury the sum of $15,000.00, not to be exceeded in any one fiscal year, to pay said court reporters and clerks and to carry out the provisions of this division. Expenditures from said appropriation are subject, before disbursement, to the approval of the Governor and contingent upon the opinion of the Governor of the condition of the State Treasury.

","history":"(Acts 1961, Ex. Sess., No. 62, p. 1930, §13; Acts 1963, No. 525, p. 1129, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15559,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15326,"codeId":27180,"versionId":null,"parentId":27145,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"6","shortTitle":"Division 6","catchLine":"Writs of Error.","title":"Division 6 Writs of Error.","sectionRange":"§12-22-220 to §12-22-222","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15560,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15327,"codeId":27181,"versionId":21469,"parentId":27180,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-220","shortTitle":"Section 12-22-220","catchLine":"By Whom and When Granted; Duty of Clerk of Court.","title":"Section 12-22-220 By Whom and When Granted; Duty of Clerk of Court.","sectionRange":null,"content":"

(a) A writ of error on any judgment entered in a criminal case may issue on an order to that effect by any one of the judges of the appropriate appellate court in vacation or by the appropriate appellate court in term time, addressed to the clerk of the court in which the judgment was entered, but such writ must only be granted on some error of law apparent on the record on appeal.

(b) On the filing of such order with the clerk of the court in which the judgment was entered, such clerk must give the party filing it a certificate of the filing thereof, make out a writ of error and a transcript of the record and proceedings had in the cause, attach his certificate and the writ of error to such transcript and deliver the same, on demand, to the party suing out the writ, or to his attorney.

","history":"(Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code 1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252, 3253; Code 1940, T. 15, §§383, 384.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15561,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15328,"codeId":27182,"versionId":21470,"parentId":27180,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-221","shortTitle":"Section 12-22-221","catchLine":"Entry of Order on Court’s Minutes; Dismissal If Not Prosecuted to Term Returnable.","title":"Section 12-22-221 Entry of Order on Court’s Minutes; Dismissal If Not Prosecuted to Term Returnable.","sectionRange":null,"content":"

When a writ of error is awarded by a judge of an appellate court in vacation, such judge must cause an entry of such order to be made on the minutes of the court at its next term, and if any writ of error is not prosecuted to the term to which it is returnable, it must be dismissed and no writ of error afterwards allowed.

","history":"(Code 1876, §4986; Code 1886, §4518; Code 1896, §4329; Code 1907, §6260; Code 1923, §3254; Code 1940, T. 15, §385.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15562,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15329,"codeId":27183,"versionId":21471,"parentId":27180,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-222","shortTitle":"Section 12-22-222","catchLine":"Stay of Proceedings on Judgment; Admission of Defendant to Bail; Proceedings on Failure to Appear.","title":"Section 12-22-222 Stay of Proceedings on Judgment; Admission of Defendant to Bail; Proceedings on Failure to Appear.","sectionRange":null,"content":"

(a) If the defendant is in the custody of the sheriff and the order allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being served with the clerk’s certificate that the order has been filed and with a copy of the order, keep and detain the defendant in his custody, without executing the sentence which may have been passed on his conviction, to abide the judgment that may be entered on the writ of error.

(b) If the conviction is for an offense which is not punished capitally or by imprisonment for a term not exceeding 10 years, the judge or court must also direct the clerk of the court in which conviction was had to admit the defendant to bail in a sum which may be prescribed by the court, with sufficient sureties, conditioned for his appearance at the next session of the court in which the conviction was had and, from session to session thereafter, to abide such judgment as may be entered on the writ of error.

(c) If the defendant fails to appear according to the undertaking, a writ of arrest must be issued and the same proceedings be thereon had as are prescribed by Sections 12-22-244 and 12-22-245, and the same proceedings must be had on the forfeited undertaking as on the forfeiture of other undertakings of bail in said court.

","history":"(Code 1876, §§4987-4989; Code 1886, §§4519-4521; Code 1896, §§4330-4332; Code 1907, §§6261-6263; Acts 1909, No. 111, p. 62; Code 1923, §§3255-3257; Code 1940, T. 15, §§386-388.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15563,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15330,"codeId":27184,"versionId":null,"parentId":27145,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"7","shortTitle":"Division 7","catchLine":"Disposition of Appeals.","title":"Division 7 Disposition of Appeals.","sectionRange":"§12-22-240 to §12-22-246","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15564,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15331,"codeId":27185,"versionId":21472,"parentId":27184,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-240","shortTitle":"Section 12-22-240","catchLine":"Consideration of Cases by Court of Criminal Appeals Generally.","title":"Section 12-22-240 Consideration of Cases by Court of Criminal Appeals Generally.","sectionRange":null,"content":"

In all cases appealable to the Court of Criminal Appeals, the court must consider all questions apparent on the record or reserved in the circuit court and must enter such judgment as the law demands.

","history":"(Code 1876, §4990; Code 1886, §4509; Code 1896, §4333; Code 1907, §6264; Code 1923, §3258; Code 1940, T. 15, §389.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15565,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15332,"codeId":27186,"versionId":21473,"parentId":27184,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-241","shortTitle":"Section 12-22-241","catchLine":"Consideration of Automatic Appeals; Reversal of Judgment and Granting of New Trial.","title":"Section 12-22-241 Consideration of Automatic Appeals; Reversal of Judgment and Granting of New Trial.","sectionRange":null,"content":"

In all cases of automatic appeals, the appellate court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant and may reverse thereon, even though no objection was made thereto. The appellate court shall consider all of the testimony; and, if upon such consideration it is of opinion the verdict is so decidedly contrary to the great weight of the evidence as to be wrong and unjust and that upon that ground a new trial should be had, the court shall enter an order of reversal of the judgment and grant a new trial, though no motion to that effect was presented in the court below.

","history":"(Acts 1943, No. 249, p. 217, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15566,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15333,"codeId":27187,"versionId":21474,"parentId":27184,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-242","shortTitle":"Section 12-22-242","catchLine":"Reversal of Judgment.","title":"Section 12-22-242 Reversal of Judgment.","sectionRange":null,"content":"

If the judgment is reversed, the appellate court may order a new trial or that the defendant be discharged or that he be held in custody until discharged by due course of law or make such other order as the case may require. If the defendant is ordered to be discharged, no forfeiture can be taken on his undertaking of bail.

","history":"(Code 1876, §4992; Code 1886, §4523; Code 1896, §4335; Code 1907, §6266; Code 1923, §3259; Code 1940, T. 15, §390.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15567,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15334,"codeId":27188,"versionId":21475,"parentId":27184,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-243","shortTitle":"Section 12-22-243","catchLine":"Affirmation of Judgment in Capital Cases.","title":"Section 12-22-243 Affirmation of Judgment in Capital Cases.","sectionRange":null,"content":"

Upon affirmation of a judgment carrying the death penalty, the Court of Criminal Appeals must direct the sentence to be executed and, if the day appointed for the execution of the sentence has passed, must specify a day for the execution of the sentence, and the judgment and sentence must be executed accordingly.

","history":"(Code 1876, §4991; Code 1886, §4522; Code 1896, §4334; Code 1907, §6265; Code 1923, §3260; Code 1940, T. 15, §391.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15568,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15335,"codeId":27189,"versionId":21476,"parentId":27184,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-244","shortTitle":"Section 12-22-244","catchLine":"Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal.","title":"Section 12-22-244 Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal.","sectionRange":null,"content":"

When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken.

","history":"(Code 1852, §755; Code 1867, §4306; Code 1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911, No. 463, p. 626; Code 1923, §3245; Code 1940, T. 15, §376.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15569,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15336,"codeId":27190,"versionId":21477,"parentId":27184,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-245","shortTitle":"Section 12-22-245","catchLine":"Effect of Undertaking When Conviction Reversed and Case Remanded.","title":"Section 12-22-245 Effect of Undertaking When Conviction Reversed and Case Remanded.","sectionRange":null,"content":"

When the judgment of conviction is reversed and the case remanded, such undertaking binds the defendant to appear from time to time until discharged by law and to answer the charge, as in bail before conviction, but the defendant is not bound to appear before the trial court pending his appeal.

","history":"(Code 1896, §4322; Code 1907, §6253; Code 1923, §3246; Code 1940, T. 15, §377.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15570,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15337,"codeId":27191,"versionId":21478,"parentId":27184,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-22-246","shortTitle":"Section 12-22-246","catchLine":"Proceedings When Undertaking Forfeited.","title":"Section 12-22-246 Proceedings When Undertaking Forfeited.","sectionRange":null,"content":"

When any undertaking of bail under the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant to surrender himself to the sheriff or to appear and answer the charge, according to the terms and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture of other undertakings of bail in the circuit court.

","history":"(Code 1852, §756; Code 1867, §4307; Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247; Code 1940, T. 15, §378.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15571,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15338,"codeId":27192,"versionId":null,"parentId":12,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"23","shortTitle":"Chapter 23","catchLine":"Alcohol and Drug Abuse Court Referral and Treatment Program.","title":"Chapter 23 Alcohol and Drug Abuse Court Referral and Treatment Program.","sectionRange":"§12-23-1 to §12-23-19","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15572,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15339,"codeId":27193,"versionId":21479,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-1","shortTitle":"Section 12-23-1","catchLine":"Short Title.","title":"Section 12-23-1 Short Title.","sectionRange":null,"content":"

This chapter shall be known as the “Mandatory Treatment Act of 1990.”

","history":"(Acts 1990, No. 90-390, p. 537, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15573,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15340,"codeId":27194,"versionId":21480,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-2","shortTitle":"Section 12-23-2","catchLine":"Legislative Findings and Intent.","title":"Section 12-23-2 Legislative Findings and Intent.","sectionRange":null,"content":"

The Legislature finds that the high incidence of crimes which directly involve alcohol and drugs in this state is intolerable; that the problems of alcohol and drug abuse among the citizens of Alabama are extensive and exist at an unacceptable level; that alcohol and/or drug abuse or dependency have been identified as contributing factors in the commission of many crimes; that a concentrated and coordinated state and local effort is needed to address the needs of Alabamians regarding such problems; that a specialized system for screening, evaluating, educating, and rehabilitating defendants convicted of alcohol and drug related offenses is required to address such problems; and that adequate funding should be provided for this purpose. It is therefore the intent of the Legislature:

To establish a specialized court referral officer program to promote the evaluation, education and rehabilitation of persons whose use or dependency on alcohol or drugs directly or indirectly contributed to the commission of an offense for which they were convicted in state or municipal courts and to establish mandatory alcohol and drug abuse treatment programs to provide treatment and rehabilitation for these identified offenders.

","history":"(Acts 1990, No. 90-390, p. 537, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15574,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15341,"codeId":27195,"versionId":21481,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-3","shortTitle":"Section 12-23-3","catchLine":"Definitions.","title":"Section 12-23-3 Definitions.","sectionRange":null,"content":"

For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section:

(1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor in the commission of the offense including juveniles charged with possession of controlled substances and adjudicated delinquent.

(2) ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the user, or that of others, is substantially impaired or endangered or the social or economic function of the user is disrupted.

(3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential to the extent that the user has lost the ability of self control, or to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered, or the social or economic function of the user is disrupted.

(4) COURT REFERRAL OFFICER PROGRAM. A program established to evaluate defendants’ use of alcohol and/or drugs and to provide assistance to courts in promoting the education and rehabilitation of defendants including juveniles and those granted youthful offender status or convicted of alcohol and/or drug-related offenses.

(5) COURT REFERRAL OFFICERS. Those persons within designated court jurisdictions providing assessment or evaluation of defendants for alcohol and/or drug abuse, recommendations and/or referrals for education or treatment and monitoring for court-ordered compliance.

(6) DUI. Driving or in actual physical control of a vehicle while under the influence of alcohol or drugs as proscribed by Section 32-5A-191, or any other law.

(7) DIVERSIONARY SCREENING. The power of the prosecutor, prior to arraignment, to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken.

(8) PROSECUTORIAL DISCRETION. The discretionary power of a prosecutor to suspend, prior to the arraignment, all formal prosecutorial proceedings against one who has become involved in the criminal justice system as a defendant or an accused.

(9) ACCUSATORY INSTRUMENT. Any complaint, information, or grand jury indictment.

(10) NON-CRIMINAL DISPOSITION. The dismissal of a criminal charge without prejudice to reinstate criminal proceedings on motion of the prosecutor as herein provided.

(11) PRE-TRIAL DIVERSION. The imposition of conditions by the prosecutor upon defendants charged with certain criminal offenses for a specified period of time prior to arraignment.

(12) DEFERRED PROSECUTION. The suspension of prosecution prior to arraignment for a specified period of time upon the request of the accused with the consent of the prosecutor.

","history":"(Acts 1990, No. 90-390, p. 537, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15575,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15342,"codeId":27196,"versionId":21482,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-4","shortTitle":"Section 12-23-4","catchLine":"Court Referral Officers or Contracting Entities; Appointment; Supervision by Administrative Director of Courts and Circuit Judges; Compensation; Duties.","title":"Section 12-23-4 Court Referral Officers or Contracting Entities; Appointment; Supervision by Administrative Director of Courts and Circuit Judges; Compensation; Duties.","sectionRange":null,"content":"

(a) The Administrative Director of Courts is authorized to appoint court referral officers or contract with individuals or entities to provide alcohol and drug assessment for courts and to conduct the court referral programs in each court jurisdiction of the state. Such appointments or contracts shall be made or entered into with the advice of the presiding circuit judge. The Administrative Director of Courts shall designate the locations where said court referral programs, court referral officers or contracting entities or individuals shall serve, which designations may be changed from time to time; provided, however, that all appointed court referral officers and approved court referral programs shall serve at the pleasure of the Administrative Director of Courts. Any individual or entity which contracts to conduct the court referral program shall perform all the duties as set out in the statewide policies and procedures manual for court referral programs established by the Administrative Office of Courts or these programs shall meet the national criteria for treatment alternatives to street crimes (TASC) programs. Court referral officers shall work under the general supervision and direction of the Administrative Director of Courts and the judges of the circuit to which they are assigned. Such court referral officers shall be compensated by the state from moneys contained in the alcohol and drug abuse court referral officer trust fund and/or federal grants designated by the Administrative Office of Courts for this purpose. Except for court referral officers currently employed by the Administrative Office of Courts on August 15, 1990, such officers shall not be considered employees of the state for purposes of entitlement to insurance, retirement and other state employee benefits. All such contracts will be null and void unless first reviewed according to Sections 29-2-40 and 29-2-41.

(b) Court referral officers shall be required to perform the following duties:

(1) Attend municipal, district, probate, and circuit courts as needed;

(2) Screen and evaluate all defendants ordered by the prosecutor or trial courts to participate and to recommend to the court appropriate educational and/or rehabilitative programs for such defendants;

(3) Develop and maintain a file on each defendant assigned to the court referral officer, which shall include, but shall not be limited to, information taken from arrest records, test scores, results of chemical blood alcohol tests, drug screens and other personal data;

(4) Continuously monitor defendants who are ordered to complete alcohol and/or drug related educational or rehabilitative programs and to report violations of such orders to the prosecutor or court;

(5) Provide such information and reports on defendants assigned to the court referral officer as may be required by the prosecutor, ordering court or the Administrative Director of Courts;

(6) Provide information or education on the court referral program to judges, clerks, law enforcement personnel, prosecutors and the general public;

(7) Collect and report statistics, data, and other information pertaining to the court referral program and alcohol and drug related offenses as required by the Administrative Director of Courts or area judge(s);

(8) Collect and report information to the courts concerning results of urine screens, drug testing or other appropriate evaluative measures; and

(9) Perform such other duties or functions to further the purposes of this chapter as may be directed by the court which they serve or the Administrative Director of Courts.

","history":"(Acts 1990, No. 90-390, p. 537, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15576,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15343,"codeId":27197,"versionId":21483,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-5","shortTitle":"Section 12-23-5","catchLine":"Request to Enroll in Program in Lieu of Drug Prosecution; Guidelines; Conditions.","title":"Section 12-23-5 Request to Enroll in Program in Lieu of Drug Prosecution; Guidelines; Conditions.","sectionRange":null,"content":"

Any person arrested or charged with the violation of a controlled substance offense as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district attorney having jurisdiction over the offense to enroll in a drug abuse treatment program in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution may be granted at the discretion of the district attorney. The Office of Prosecution Services shall establish guidelines, which shall be used by the prosecutor in evaluating the request for diversion from the criminal justice system into rehabilitation. If prosecution has been initiated by the filing of a complaint, information or indictment, prior approval and dismissal of the case must be obtained from the judge presiding over the case. Admission to such treatment or rehabilitation program and deferral of prosecution is subject to the following conditions:

(1) The defendant must have no prior felony convictions for controlled substance offenses or other pending felony charges.

(2) Where the person arrested or charged is in violation of a controlled substance offense as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214, they may request diversion. The amount of controlled substances involved, however, must not exceed the amounts below.

a. 113.2 grams or four ounces of cannabis;

b. Five grams of cocaine HCL or of any mixture containing cocaine, as described in Section 20-2-25(1);

c. 500 milligrams of cocaine base;

d. One gram of any morphine, opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 20-2-23(2) or Section 20-2-25(1)a, or one gram of any mixture containing any such substance;

e. Ten pills or capsules of methaqualone, as described in Section 20-2-1, et seq.;

f. Ten pills or capsules of barbiturate or benzodiazepine as described in Section 20-2-1, et seq.;

g. Five pills or capsules of hydromorphone, meperidine, pentazocine, hydrocodone, oxycodone, propoxyphene as described in Sections 20-2-1, et seq.;

h. One gram of 3, 4-methylenedioxy amphetamine, or of any mixture containing 3, 4-methylenedioxy amphetamine;

i. One gram of 5-methoxy-3, 4-methylenedioxy amphetamine, or any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine;

j. Fifty milligrams of phencyclidine, or any mixture containing phencyclidine;

k. Fifty milligrams of lysergic acid diethylamide or one gram of any mixture containing lysergic acid diethylamide;

l. Twenty pills or tablets of 3, 4-methylenedioxy methamphetamine; 3,4 methylenedioxy ethylamphetamine.

(3) If diversion to treatment is allowed, the offender shall:

a. Provide information needed to conduct an assessment of his treatment needs;

b. Complete the recommended treatment;

c. Complete a drug or alcohol testing program;

d. Pay restitution to his victim;

e. Unless indigent, pay for his assessment, treatment, and monitoring.

(4) If the defendant fails to complete treatment and pay the required costs, the prosecutor shall initiate charges against the defendant.

","history":"(Acts 1990, No. 90-390, p. 537, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15577,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15344,"codeId":27198,"versionId":21484,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-6","shortTitle":"Section 12-23-6","catchLine":"Authority of Courts to Refer Defendants to Education And/Or Treatment Program.","title":"Section 12-23-6 Authority of Courts to Refer Defendants to Education And/Or Treatment Program.","sectionRange":null,"content":"

In order to effect the purposes of this chapter, all courts exercising jurisdiction over alcohol and drug related offenses shall be authorized to refer a defendant to a court referral program for evaluation and referral to an appropriate education and/or treatment program. At a minimum, every defendant who is not referred directly to drug or alcohol treatment shall be required to complete an alcohol and drug education program certified by the Administrative Office of Courts.

","history":"(Acts 1990, No. 90-390, p. 537, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15578,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15345,"codeId":27199,"versionId":21485,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-7","shortTitle":"Section 12-23-7","catchLine":"Mandatory Drug Testing at Own Expense for Person Convicted of Alcohol or Drug-Related Offenses and Placed on Probation or Parole; Treatment for Persons Who Fail Test; Indigents Not Required to Pay.","title":"Section 12-23-7 Mandatory Drug Testing at Own Expense for Person Convicted of Alcohol or Drug-Related Offenses and Placed on Probation or Parole; Treatment for Persons Who Fail Test; Indigents Not Required to Pay.","sectionRange":null,"content":"

Any person who is convicted of an alcohol or drug-related offense and who is placed on probation or parole shall be required to participate in an alcohol or drug testing program at his own expense, unless he is determined to be indigent. Any such person who fails the alcohol or drug test shall be required to:

(1) Provide information needed to conduct a treatment assessment;

(2) Complete the recommended treatment; and

(3) Pay for the assessment, treatment and alcohol or drug testing unless the court finds he is indigent.

Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers.

","history":"(Acts 1990, No. 90-390, p. 537, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15579,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15346,"codeId":27200,"versionId":21486,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-8","shortTitle":"Section 12-23-8","catchLine":"Enforcement.","title":"Section 12-23-8 Enforcement.","sectionRange":null,"content":"

Compliance with any order authorized pursuant to this chapter relating to education and/or treatment may be enforced by the court through exercise of its contempt powers; or, where made a condition of probation, by revocation thereof for non-compliance.

","history":"(Acts 1990, No. 90-390, p. 537, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15580,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15347,"codeId":27201,"versionId":21487,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-9","shortTitle":"Section 12-23-9","catchLine":"Department of Mental Health to Develop Policies and Procedures; Certification.","title":"Section 12-23-9 Department of Mental Health to Develop Policies and Procedures; Certification.","sectionRange":null,"content":"

The Department of Mental Health shall develop policies and procedures which shall be followed in the treatment of offenders. These programs shall be certified by the Alabama Department of Mental Health or the Joint Commission on Accreditation of Health-care Organizations (JCAHO).

","history":"(Acts 1990, No. 90-390, p. 537, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15581,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15348,"codeId":27202,"versionId":21488,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-10","shortTitle":"Section 12-23-10","catchLine":"Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; Use.","title":"Section 12-23-10 Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; Use.","sectionRange":null,"content":"

The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall be used for operation of the alcohol and drug abuse court referral officer program. This fund shall consist of all moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and all moneys received for the benefit of the court referral officer program by legislative appropriation, grant, gift, or contributions by counties or municipalities, or otherwise. Such moneys shall be used and expended by the Administrative Director of Courts to establish, organize, and administer the alcohol and drug abuse court referral officer program throughout the state. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the alcohol and drug abuse court referral officer program.

","history":"(Acts 1990, No. 90-390, p. 537, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15582,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15349,"codeId":27203,"versionId":21489,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-11","shortTitle":"Section 12-23-11","catchLine":"Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of Expenditures; Effect on Other Appropriations.","title":"Section 12-23-11 Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of Expenditures; Effect on Other Appropriations.","sectionRange":null,"content":"

Moneys contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund shall be expended by the Administrative Director of Courts for purposes set out in Section 12-23-4. Appropriations heretofore or hereafter made to the Unified Judicial System shall not be reduced by the amount of any funds contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund.

","history":"(Acts 1990, No. 90-390, p. 537, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15583,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15350,"codeId":27204,"versionId":21490,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-12","shortTitle":"Section 12-23-12","catchLine":"Court Referral Officer Assessment Fee.","title":"Section 12-23-12 Court Referral Officer Assessment Fee.","sectionRange":null,"content":"

In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult or adjudicated a youthful offender or juvenile delinquent based on the offense of driving under the influence or other alcohol or drug related offenses as defined in this chapter shall be ordered by the court to pay an alcohol and drug abuse court referral officer assessment fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme Court. Such additional assessment fee shall be collected by the court referral officer by the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and Drug Abuse Court Referral Officer Trust Fund.

","history":"(Acts 1990, No. 90-390, p. 537, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15584,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15351,"codeId":27205,"versionId":21491,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-13","shortTitle":"Section 12-23-13","catchLine":"Monitoring Fee.","title":"Section 12-23-13 Monitoring Fee.","sectionRange":null,"content":"

Any alcohol or drug-related offender referred for assessment and placed on probation by the judge shall pay a monitoring fee to the court referral officer which shall also be remitted to the State Treasurer by the court referral officer by the tenth day of each month as set out in Section 12-23-10. The assessment fee and monitoring fees shall be established and regulated by the Administrative Office of Courts and can be adjusted to ensure that adequate financial resources are available to support the court referral program and administration of the programs.

","history":"(Acts 1990, No. 90-390, p. 537, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15585,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15352,"codeId":27206,"versionId":21492,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-14","shortTitle":"Section 12-23-14","catchLine":"Eligibility of Court Referral Programs to Receive Payments from Fund.","title":"Section 12-23-14 Eligibility of Court Referral Programs to Receive Payments from Fund.","sectionRange":null,"content":"

The Administrative Office of Courts shall establish criteria to determine eligibility of court referral programs to receive payment from the Court Referral Officer Trust Fund. All Alabama TASC programs which meet the national TASC criteria on August 15, 1990 shall be eligible to receive payments from the Court Referral Officer Trust Fund. All such programs shall be nonprofit agencies.

","history":"(Acts 1990, No. 90-390, p. 537, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15586,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15353,"codeId":27207,"versionId":21493,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-15","shortTitle":"Section 12-23-15","catchLine":"Indigent Offender Alcohol and Drug Treatment Trust Fund - Established Fee; Sanctions for Failure to Remit Fees.","title":"Section 12-23-15 Indigent Offender Alcohol and Drug Treatment Trust Fund - Established Fee; Sanctions for Failure to Remit Fees.","sectionRange":null,"content":"

The Indigent Offender Alcohol and Drug Treatment Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall provide for payment to eligible alcohol and drug treatment programs for treatment and rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and all moneys received for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts and approved by the Supreme Court shall be collected from each offender. The fee shall be collected by the court referral officer by the tenth day of each month. The State Treasurer shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust Fund. Failure of a court referral program or court referral officer to remit all fees collected shall be grounds for termination from the program. Additionally, the prosecutor shall be authorized to determine if criminal charges are warranted.

","history":"(Acts 1990, No. 90-390, p. 537, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15587,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15354,"codeId":27208,"versionId":21494,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-16","shortTitle":"Section 12-23-16","catchLine":"Indigent Offender Alcohol and Drug Treatment Fund - Criteria for Eligibility of Programs to Receive Payment from Fund.","title":"Section 12-23-16 Indigent Offender Alcohol and Drug Treatment Fund - Criteria for Eligibility of Programs to Receive Payment from Fund.","sectionRange":null,"content":"

The Department of Mental Health shall establish criteria to determine which treatment programs shall be eligible to receive payment for treatment services for indigent offenders from this fund, and shall establish rates of reimbursement for treatment of indigent offenders. At a minimum, such programs must be nonprofit and certified by the Alabama Department of Mental Health or joint commission on accreditation of health-care organizations.

","history":"(Acts 1990, No. 90-390, p. 537, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15588,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15355,"codeId":27209,"versionId":21495,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-17","shortTitle":"Section 12-23-17","catchLine":"Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of Expenditures.","title":"Section 12-23-17 Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of Expenditures.","sectionRange":null,"content":"

Moneys contained in the Indigent Offender Trust Fund shall be expended by the Commissioner of Mental Health for purposes set out in Section 12-23-15. Such moneys shall be used and expended by the Commissioner of Mental Health to establish, organize, and administer the indigent offender alcohol and drug treatment program throughout the state, including all functions or projects of the Department of Mental Health directly or indirectly relating thereto. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the indigent offender treatment program.

","history":"(Acts 1990, No. 90-390, p. 537, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15589,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15356,"codeId":27210,"versionId":21496,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-18","shortTitle":"Section 12-23-18","catchLine":"Waiver of Payment of Fees for Indigents; Revocation of Waiver; Community Service in Lieu of Payment.","title":"Section 12-23-18 Waiver of Payment of Fees for Indigents; Revocation of Waiver; Community Service in Lieu of Payment.","sectionRange":null,"content":"

Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.

","history":"(Acts 1990, No. 90-390, p. 537, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15590,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15357,"codeId":27211,"versionId":21497,"parentId":27192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-23-19","shortTitle":"Section 12-23-19","catchLine":"Exemption from Liability.","title":"Section 12-23-19 Exemption from Liability.","sectionRange":null,"content":"

The directors, employees of the Administrative Office of Courts, including the Administrative Director of Courts, and the employees of the Department of Mental Health, including the Commissioner of Mental Health, shall be exempt from civil liability for alleged acts of ordinary negligence actions taken in performance of their official duties in carrying out the provisions of this chapter.

","history":"(Acts 1990, No. 90-390, p. 537, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15591,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15358,"codeId":41132,"versionId":null,"parentId":12,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"23A","shortTitle":"Chapter 23A","catchLine":"Alabama Drug Offender Accountability Act.","title":"Chapter 23A Alabama Drug Offender Accountability Act.","sectionRange":"§12-23A-1 to §12-23A-14","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15592,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15372,"codeId":27212,"versionId":null,"parentId":12,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"24","shortTitle":"Chapter 24","catchLine":"Recusal for Campaign Contributions.","title":"Chapter 24 Recusal for Campaign Contributions.","sectionRange":"§12-24-1 to §12-24-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15607,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15373,"codeId":27213,"versionId":21498,"parentId":27212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-24-1","shortTitle":"Section 12-24-1","catchLine":"Recusal of Justice or Judge Due to Campaign Contributions.","title":"Section 12-24-1 Recusal of Justice or Judge Due to Campaign Contributions.","sectionRange":null,"content":"

Repealed by Act 2014-455, §2, effective July 1, 2014.

","history":"(Acts 1995, No. 95-648, p. 1355, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15608,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15374,"codeId":27214,"versionId":21499,"parentId":27212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-24-2","shortTitle":"Section 12-24-2","catchLine":"Filing by Judges, Justices, Parties, and Attorneys of Disclosure Statements Concerning Campaign Contributions.","title":"Section 12-24-2 Filing by Judges, Justices, Parties, and Attorneys of Disclosure Statements Concerning Campaign Contributions.","sectionRange":null,"content":"

Repealed by Act 2014-455, §2, effective July 1, 2014.

","history":"(Acts 1995, No. 95-648, p. 1355, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15609,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15375,"codeId":45505,"versionId":37625,"parentId":27212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-24-3","shortTitle":"Section 12-24-3","catchLine":"Recusal of a Justice or Judge Due to Campaign Contribution; Rebuttable Presumption; Appeal.","title":"Section 12-24-3 Recusal of a Justice or Judge Due to Campaign Contribution; Rebuttable Presumption; Appeal.","sectionRange":null,"content":"

(a) In any civil action, on motion of a party or on its own motion, a justice or judge shall recuse himself or herself from hearing a case if, as a result of a substantial campaign contribution or electioneering communication made to or on behalf of the justice or judge in the immediately preceding election by a party who has a case pending before that justice or judge, either of the following circumstances exist:

(1) A reasonable person would perceive that the justice or judge’s ability to carry out his or her judicial responsibilities with impartiality is impaired.

(2) There is a serious, objective probability of actual bias by the justice or judge due to his or her acceptance of the campaign contribution.

(b) A rebuttable presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution made directly by a party to the judge or justice exceeds the following percentages of the total contributions raised during the election cycle by that judge or justice and was made at a time when it was reasonably foreseeable that the case could come before the judge or justice:

(1) Ten percent in a statewide appellate court race.

(2) Fifteen percent in a circuit court race.

(3) Twenty-five percent in a district court race.

Any refunded contributions shall not be counted toward the percentages noted herein.

(c) The term party, as referenced in this section, means any of the following:

(1) A party or real party in interest to the case or any person in his or her immediate family.

(2) Any holder of five percent or more of the value of a party that is a corporation, limited liability company, firm, partnership, or any other business entity.

(3) Affiliates or subsidiaries of a corporate party.

(4) Any attorney for the party.

(5) Other lawyers in practice with the party’s attorney.

(d) An order of a court denying a motion to recuse shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. The appeal may be filed only within 30 days of the order denying the motion to recuse. During the pendency of an appeal, where the threshold set forth in subsection (b) is met, the action in the trial court shall be stayed in all respects.

","history":"(Act 2014-455, p. 1688, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15610,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15376,"codeId":29838,"versionId":null,"parentId":12,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"25","shortTitle":"Chapter 25","catchLine":"Alabama Sentencing Commission.","title":"Chapter 25 Alabama Sentencing Commission.","sectionRange":"§12-25-1 to §12-25-38","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15611,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15377,"codeId":48850,"versionId":null,"parentId":29838,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§12-25-1 to §12-25-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15612,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15378,"codeId":29839,"versionId":24533,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-1","shortTitle":"Section 12-25-1","catchLine":"Created.","title":"Section 12-25-1 Created.","sectionRange":null,"content":"

There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the “commission.”

","history":"(Act 2000-596, p. 1192, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15613,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15379,"codeId":29840,"versionId":24534,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-2","shortTitle":"Section 12-25-2","catchLine":"Purpose.","title":"Section 12-25-2 Purpose.","sectionRange":null,"content":"

(a) The purposes of the commission shall be to review existing sentence structure, including laws, policies, and practices, and to determine and recommend to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and other aspects of sentencing policies and practices appropriate for the state which:

(1) Secure the public safety of the state by providing a swift and sure response to the commission of crime.

(2) Establish an effective, fair, and efficient sentencing system for Alabama adult and juvenile criminal offenders which provides certainty in sentencing, maintains judicial discretion and sufficient flexibility to permit individualized sentencing as warranted by mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants with like criminal records who have been found guilty of similar criminal conduct. Where there is disparity, it should be rational and not related, for example, to geography, race, or judicial assignment.

(3) Promote truth in sentencing, in order that a party involved in a criminal case and the criminal justice process is aware of the nature and length of the sentence and its basis.

(4) Prevent prison overcrowding and the premature release of prisoners.

(5) Provide judges with flexibility in sentencing options and meaningful discretion in the imposition of sentences.

(6) Enhance the availability and use of a wider array of sentencing options in appropriate cases.

(7) Limit the discretion of district attorneys in determining the charge or crime.

(b) In fulfilling its purposes, the commission shall be mindful of the purposes of sentencing that include, but are not limited to, all of the following:

(1) Protecting the public.

(2) Promoting respect for the law.

(3) Providing just and adequate punishment for the offense.

(4) Deterring criminal conduct.

(5) Imposing sanctions which are least restrictive while consistent with the protection of the public and the gravity of the crime.

(6) Promoting the rehabilitation of offenders.

","history":"(Act 2000-596, p. 1192, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15614,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15380,"codeId":29841,"versionId":34479,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-3","shortTitle":"Section 12-25-3","catchLine":"Membership.","title":"Section 12-25-3 Membership.","sectionRange":null,"content":"

(a) The commission shall consist of the following voting members:

(1) The Chief Justice of the Supreme Court, or at his or her designation, a sitting or retired judge, who shall serve as chair, or at his or her designation another member of the commission shall serve as chair.

(2) The Governor, or his or her designee.

(3) The Attorney General, or his or her designee.

(4) Three district attorneys appointed by the President of the Alabama District Attorneys’ Association.

(5) Two circuit judges, active or retired, appointed by the President of the Alabama Association of Circuit Court Judges.

(6) A district judge, active or retired, appointed by the President of the Alabama Association of District Court Judges.

(7) Two victims of a violent felony or persons whose immediate family member was a victim of a violent felony, appointed by the Governor.

(8) The Chair of the House Judiciary Committee, or his or her designee who is a member of the House Judiciary Committee.

(9) The Chair of the Senate Judiciary Committee, or his or her designee who is a member of the Senate Judiciary Committee.

(10) A private attorney specializing in criminal defense appointed by the President of the Alabama Criminal Defense Lawyers’ Association.

(11) A private attorney specializing in criminal law appointed by the President of the Alabama Lawyer’s Association.

(12) A county commissioner appointed by the Governor.

(13) The Commissioner of the Department of Corrections, or his or her designee.

(14) The Chair of the Alabama Board of Pardons and Paroles, or his or her designee.

(15) A member of the academic community with a background in criminal justice or corrections policy appointed by the Chief Justice.

(16) A sheriff appointed by the Sheriff’s Association.

(17) An active police officer appointed by the Association of Chiefs of Police.

(b)(1) Appointed members of the commission shall serve terms of four years and may be reappointed for a second term. Members of the commission who serve because of their public office or position shall serve only as long as they hold such office or position.

(2) A member appointed to fill a vacancy on the commission which occurs before the expiration of the term for which his or her predecessor was appointed shall serve only for the remainder of such term.

(3) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of this state.

","history":"(Act 2000-596, p. 1192, §3; Act 2012-473, p. 1304, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15615,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15381,"codeId":29842,"versionId":24535,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-4","shortTitle":"Section 12-25-4","catchLine":"Advisory Council.","title":"Section 12-25-4 Advisory Council.","sectionRange":null,"content":"

(a) An advisory council to the commission shall be established to advise and consult the commission on sentencing matters. The advisory council shall be composed of representatives from the various state and non-state agencies and organizations having an interest in or whose operations directly or indirectly impact upon the criminal justice system. Membership of the advisory council shall include:

(1) The Director of Public Safety, or his or her designee.

(2) The Director of the Department of Youth Services, or his or her designee.

(3) A sheriff appointed by the Alabama Sheriff’s Association.

(4) A police chief appointed by the Alabama Association of Chiefs of Police.

(5) A director of a community corrections program appointed by the Chief Justice.

(6) A representative of a prison ministry organization, who is not employed by the state, appointed by the Commissioner of the Department of Corrections.

(7) A rehabilitated former prison inmate appointed by the Commissioner of the Department of Corrections.

(8) Additional advisory members appointed in the numbers and manner as the commission deems advisable.

(b)(1) Appointed members of the advisory council shall serve terms of four years and may be reappointed. Members of the advisory council who serve because of their public office or position shall serve only as long as they hold the office or position.

(2) A member appointed to fill a vacancy on the advisory council that occurs before the expiration of the term of his or her predecessor shall serve only for the remainder of the term.

","history":"(Act 2000-596, p. 1192, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15616,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15382,"codeId":29843,"versionId":24536,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-5","shortTitle":"Section 12-25-5","catchLine":"Compensation and Expenses.","title":"Section 12-25-5 Compensation and Expenses.","sectionRange":null,"content":"

(a) Members of the commission and advisory council shall serve without compensation.

(b) Members of the commission and advisory council are entitled to reimbursement for expenses while on official business of the commission or attending its meetings. Expenses shall be paid as follows:

(1) The expenses of members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature, but in the amounts as if they were performing legislative duties.

(2) The expenses of the members representing state or local government departments or agencies may be paid out of any funds available for travel in their respective departments or agencies.

(3) The expenses of the other members may be paid out of funds available to the commission for travel and shall be reimbursed in accordance with Sections 36-7-20 to 36-7-22, inclusive.

","history":"(Act 2000-596, p. 1192, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15617,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15383,"codeId":29844,"versionId":24537,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-6","shortTitle":"Section 12-25-6","catchLine":"Meetings.","title":"Section 12-25-6 Meetings.","sectionRange":null,"content":"

(a) The commission shall meet quarterly at the State Capitol or at other places as is deemed necessary or convenient and at other times upon call of the chair. All meetings shall be open to the public. The advisory council shall convene at the discretion of the commission, but in any event shall meet jointly with the commission at least once annually.

(b) A majority of the members of the commission shall constitute a quorum for conducting business.

(c) Except as hereinafter provided, the commission shall act by affirmative vote of a majority of members present and voting.

(d) The commission will keep or cause to be kept a record of all transactions discussed or voted on by the commission.

","history":"(Act 2000-596, p. 1192, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15618,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15384,"codeId":29845,"versionId":24538,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-7","shortTitle":"Section 12-25-7","catchLine":"Executive Committee.","title":"Section 12-25-7 Executive Committee.","sectionRange":null,"content":"

The executive committee of the commission shall be composed of the chair and four other members selected by the commission and shall conduct business as authorized by the commission or as permitted in Section 12-25-12.

","history":"(Act 2000-596, p. 1192, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15619,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15385,"codeId":29846,"versionId":24539,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-8","shortTitle":"Section 12-25-8","catchLine":"Powers.","title":"Section 12-25-8 Powers.","sectionRange":null,"content":"

The commission shall have the power to perform the functions as necessary to carry out the purposes of this article and may delegate power to any member or designated person. The commission may do all of the following:

(1) Submit appropriation requests to the Legislature.

(2) Serve as an agency to apply for and receive grants, donations, or other monies from public or private sources and to coordinate and conduct studies in connection with any of its purposes and functions.

(3) Enter into and perform contracts, leases, cooperative agreements, and other transactions as may be necessary to fulfill the responsibilities of the commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization.

(4) Accept voluntary and uncompensated services.

(5) Request information, data, and reports from any Alabama agency or judicial officer as the commission may from time to time require and as may be produced consistent with other law.

(6) Hold hearings, conduct fact finding tours, and call witnesses to assist the commission in fulfilling its responsibilities.

(7) Perform other functions as may be necessary to carry out this article.

","history":"(Act 2000-596, p. 1192, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15620,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15386,"codeId":29847,"versionId":24540,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-9","shortTitle":"Section 12-25-9","catchLine":"Duties.","title":"Section 12-25-9 Duties.","sectionRange":null,"content":"

The commission shall have the following responsibilities:

(1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purposes and objectives of this article.

(2) To review the overcrowding problem in county jails, with particular emphasis on funding for the county jails and the proper removal of state prisoners from county jails pursuant to state law and state and federal court orders, and to make recommendations for resolution of these issues to the Governor, Legislature, Attorney General, and Judicial System Study Commission before the 2002 Regular Legislative Session.

(3) To make recommendations to the Governor, Legislature, Attorney General, and Judicial System Study Commission concerning the enactment of laws relating to criminal offenses, sentencing, and correctional or probation matters.

(4) To publish an annual report and other reports as the chair deems necessary.

(5) To serve as a clearinghouse for the collection, preparation, and dissemination of information on sentencing practices.

(6) To maintain and make available for public inspection records of actions taken by the commission.

","history":"(Act 2000-596, p. 1192, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15621,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15387,"codeId":29848,"versionId":25391,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-10","shortTitle":"Section 12-25-10","catchLine":"Comprehensive Discretionary Sentencing Plan.","title":"Section 12-25-10 Comprehensive Discretionary Sentencing Plan.","sectionRange":null,"content":"

Before or during the 2003 Regular Legislative Session, the commission shall review the present sentencing structure, including laws, policies, and practices, and recommend for consideration in the 2003 Regular Session changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish a comprehensive discretionary sentencing plan for all felony offenses consistent with the purposes and objectives of this article.

","history":"(Act 2000-596, p. 1192, §10; Act 2002-503, p. 1304, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15622,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15388,"codeId":29849,"versionId":25392,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-11","shortTitle":"Section 12-25-11","catchLine":"Cooperation with Commission.","title":"Section 12-25-11 Cooperation with Commission.","sectionRange":null,"content":"

Agencies of the state government shall cooperate with the commission as necessary for the commission to carry out its responsibilities. Upon the request of the commission, each agency and department of the state shall make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the commission in the execution of its functions without cost to the commission. The commission shall have access to all offender records maintained by other state departments and agencies, including, but not limited to, the Department of Corrections, the Board of Pardons and Paroles, the Administrative Office of Courts, and the Alabama Criminal Justice Information Center. All offender information received by the commission shall remain subject to the confidentiality requirements of the department or agency providing the information. The commission, however, may release non-identifying offender information for statistical and analysis purposes. When possible, information shall be provided to the commission electronically.

","history":"(Act 2000-596, p. 1192, §11; Act 2002-503, p. 1304, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15623,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15389,"codeId":48852,"versionId":40875,"parentId":48850,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-12","shortTitle":"Section 12-25-12","catchLine":"Director; Employees.","title":"Section 12-25-12 Director; Employees.","sectionRange":null,"content":"

(a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in the same manner as employees of the Supreme Court.

(b) The executive committee of the commission may employ and fix the compensation of consultants and experts to assist the commission as may be necessary to carry out its responsibilities.

","history":"(Act 2000-596, p. 1192, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15624,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15390,"codeId":48851,"versionId":null,"parentId":29838,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Alabama Sentencing Reform Act of 2003.","title":"Article 2 Alabama Sentencing Reform Act of 2003.","sectionRange":"§12-25-30 to §12-25-38","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15625,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15391,"codeId":31268,"versionId":26057,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-30","shortTitle":"Section 12-25-30","catchLine":"Short Title.","title":"Section 12-25-30 Short Title.","sectionRange":null,"content":"

This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003.

","history":"(Act 2003-354, p. 948, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15626,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15392,"codeId":31269,"versionId":26058,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-31","shortTitle":"Section 12-25-31","catchLine":"Statement of Purpose.","title":"Section 12-25-31 Statement of Purpose.","sectionRange":null,"content":"

(a) It is essential that Alabama manage its criminal justice system in the manner best able to protect public safety and make the most effective and efficient use of correctional resources. Based on the findings and recommendations of the Alabama Sentencing Commission, the Legislature finds that all of the following are necessary to protect public safety by providing a fair, effective, and efficient criminal justice system:

(1) Voluntary sentencing standards used to guide judicial decision makers in determining the most appropriate sentence for convicted felony offenders.

(2) The abolition of traditional parole and good time credits for convicted felons.

(3) The availability of a continuum of punishment options.

(b) The Legislature further finds, based on the findings and recommendations of the sentencing commission, that subdivisions (1) to (3), inclusive, of subsection (a) are necessary to best achieve all of the following goals:

(1) Incapacitating through incarceration the most dangerous and violent offenders in the state.

(2) Eliminating unwarranted disparity in sentencing.

(3) Assuring truth-in-sentencing.

(4) Providing the most effective use of correctional resources.

(5) Assuring the greatest opportunity for victim restitution.

(6) Protecting against prison and jail overcrowding.

(7) Maintaining meaningful judicial discretion.

","history":"(Act 2003-354, p. 948, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15627,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15393,"codeId":31853,"versionId":27001,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-31.1","shortTitle":"Section 12-25-31.1","catchLine":"Legislative Findings.","title":"Section 12-25-31.1 Legislative Findings.","sectionRange":null,"content":"

(a) The Legislature finds the Alabama Sentencing Commission has followed the directives of the Legislature in this article, to develop and recommend to the Legislature a discretionary sentencing structure designed to protect public safety by providing a fair, effective, and efficient criminal sentencing system for this state by doing all of the following:

(1) By developing a system of statewide voluntary sentencing standards and worksheets for use in felony cases for 26 felony offenses representing 87 percent of all felony convictions in Alabama over a five-year period.

(2) By taking into account historical sentencing data concerning time imposed and other factors that, after analysis of historical data, appear to be relevant in determining both the duration and disposition of sentences in the applicable felony cases.

(3) By basing the voluntary sentencing standards on historical sentencing practices adjusted to achieve sentencing goals as established in Rule 26 of the Alabama Rules of Criminal Procedure and Section 12-25-31.

(b) The Legislature further recognizes that the development of voluntary sentencing standards by the commission is and should be a continuous process and the commission has been directed to continue the development of the voluntary sentencing standards recommendations by collecting and analyzing sentencing data and incorporating a continuum of punishment options, as required by subdivision (1) of Section 12-25-33, and by identifying, testing, and recommending modifications of the initial voluntary sentencing standards and worksheets as may be necessary to accomplish the purposes and goals set out in this article and Rule 26 of the Alabama Rules of Criminal Procedure.

","history":"(Act 2006-312, p. 663, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15628,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15394,"codeId":31270,"versionId":38504,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-32","shortTitle":"Section 12-25-32","catchLine":"Definitions.","title":"Section 12-25-32 Definitions.","sectionRange":null,"content":"

For the purposes of this article, the following terms have the following meanings:

(1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter.

(2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of supervision of the offender including, but not limited to, all of the following:

a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised probation, that requires an offender to serve a sentence of imprisonment. The term includes time served in a work release program operated as a custody option by the Alabama Department of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15.

b. Intermediate Punishment. A sentence that may include assignment to any community based punishment program or may include probation with conditions or probation in conjunction with a period of confinement. Intermediate punishments include, but are not limited to, all of the following options:

1. A split sentence pursuant to Section 15-18-8.

2. Assignment to a community punishment and corrections program pursuant to the Alabama Community Punishment and Corrections Act or local acts.

3. Assignment to a community based manual labor work program pursuant to Sections 14-5-30 to 14-5-37, inclusive.

4. Intensive probation supervision pursuant to Section 15-22-56.

5. Cognitive and behavioral training.

6. Community service work.

7. County probation.

8. Day fines or means-based fines.

9. Day reporting.

10. Drug or alcohol testing.

11. Drug court programs.

12. Educational programs.

13. Electronic monitoring.

14. Home confinement or house arrest.

15. Ignition interlock.

16. Intermittent confinement.

17. Jail and prison diversion programs.

18. Job readiness and work.

19. Literacy and basic learning.

20. Pretrial diversion programs.

21. Residential drug treatment.

22. Residential community based punishment programs in which the offender is required to spend at least eight hours per day, or overnight, within a facility and is required to participate in activities such as counseling, treatment, social skills training, or employment training, conducted at the residential facility or at another specified location.

23. Restorative justice as established in Section 12-17-226.6.

(i) Victim impact panels.

(ii) Voluntary victim offender conferencing.

(iii) Voluntary victim offender mediation.

24. Self-help groups.

25. Sobrietor or breath alcohol remote monitoring.

26. Substance abuse education and treatment.

27. Treatment alternatives to street crime (TASC).

28. Voice recognition, curfew restriction, or employment monitoring.

29. Work release, other than those work release programs operated by the Alabama Department of Corrections, as a custody option.

c. Unsupervised Probation. A sentence in a criminal case that includes a period of probation but does not include supervision, active incarceration, or an intermediate punishment.

d. Post-release Supervision. A mandatory period of supervision following sentences of active incarceration as defined in paragraph a. that may include one or more intermediate punishment options.

(3) COURT. Unless otherwise stated, a district or circuit court exercising jurisdiction to sentence felony offenders.

(4) EVIDENCE-BASED PRACTICES. Policies, procedures, programs, and practices proven by widely accepted and published research to reliably produce reductions in recidivism.

(5) FELONY OFFENSE. A noncapital felony offense.

(6) INITIAL VOLUNTARY STANDARDS. The voluntary sentencing standards effective on October 1, 2006. These standards were based on statewide historic sentences imposed with normative adjustments designed to reflect current sentencing policies.

(7) NONVIOLENT OFFENSE. All offenses which are not violent offenses.

(8) NONVIOLENT OFFENDER. Any offender who does not qualify as a violent offender pursuant to subdivision (14).

(9) OFFENDER. A person convicted of a noncapital felony offense.

(10) RELEASE AUTHORITY. Any public official, agency, or other entity authorized by law to release a sentenced offender from incarceration or other conditions of a sentence.

(11) VALIDATED RISK AND NEEDS ASSESSMENT. An actuarial tool that has been validated and established by administrative rule in Alabama to determine the likelihood of an offender engaging in future criminal behavior. The Board of Pardons and Paroles and the Department of Corrections shall adopt compatible tools to conduct a validated risk and needs assessment upon offenders within the jurisdiction of the state. A validated risk and needs assessment shall include, but not be limited to, an offender’s prior criminal history, the nature and severity of the present offense, and potential for future violence.

(12) TRUTH-IN-SENTENCING STANDARDS. Truth in sentencing is scheduled to become effective October 1, 2020.

(13) UNDER SUPERVISION. All offenders under the supervision of any criminal justice agency or program including, but not limited to, any of the following entities:

a. The Alabama Department of Corrections.

b. State or county probation offices.

c. Community corrections programs pursuant to Alabama Community Corrections Act.

d. Jails.

e. State or local law enforcement agencies.

f. Any court.

(14) VIOLENT OFFENDER. A violent offender is an offender who has been convicted of a violent offense, or who is determined by the trial court judge or a release authority to have demonstrated a propensity for violence, aggression, or weapons related behavior based on the criminal history or behavior of the offender while under supervision of any criminal justice system agency or entity.

(15) VIOLENT OFFENSE.

a. For the purposes of this article, a violent offense includes each of the following offenses, or any substantially similar offense to those listed in this subdivision created after June 20, 2003:

1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.

2. Murder pursuant to Section 13A-6-2.

3. Manslaughter pursuant to Section 13A-6-3.

4. Criminally negligent homicide pursuant to Section 13A-6-4.

5. Assault I pursuant to Section 13A-6-20.

6. Assault II pursuant to Section 13A-6-21.

7. Compelling street gang membership pursuant to Section 13A-6-26.

8. Kidnapping I pursuant to Section 13A-6-43.

9. Kidnapping II pursuant to Section 13A-6-44.

10. Rape I pursuant to Section 13A-6-61.

11. Rape II pursuant to Section 13A-6-62.

12. Sodomy I pursuant to Section 13A-6-63.

13. Sodomy II pursuant to Section 13A-6-64.

14. Sexual torture pursuant to Section 13A-6-65.l.

15. Sexual abuse I pursuant to Section 13A-6-66.

16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.

17. Stalking pursuant to Section 13A-6-90.

18. Aggravated stalking pursuant to Section 13A-6-91.

19. Soliciting a child by computer pursuant to Section 13A-6-110.

20. Domestic violence I pursuant to Section 13A-6-130.

21. Domestic violence II pursuant to Section 13A-6-131.

22. Burglary I pursuant to Section 13A-7-5.

23. Burglary II pursuant to Section 13A-7-6.

24. Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7.

25. Arson I pursuant to Section 13A-7-41.

26. Criminal possession of explosives pursuant to Section 13A-7-44.

27. Extortion I pursuant to Section 13A-8-14.

28. Robbery I pursuant to Section 13A-8-41.

29. Robbery II pursuant to Section 13A-8-42.

30. Robbery III pursuant to Section 13A-8-43.

31. Pharmacy robbery pursuant to Section 13A-8-51.

32. Terrorist threats pursuant to Section 13A-10-15.

33. Escape I pursuant to Section 13A-10-31.

34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.

35. Intimidating a witness pursuant to Section 13A-10-123.

36. Intimidating a juror pursuant to Section 13A-10-127.

37. Treason pursuant to Section 13A-11-2.

38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.

39. Promoting prostitution I pursuant to Section 13A-12-111.

40. Production of obscene matter involving a minor pursuant to Section 13A-12-197.

41. Trafficking pursuant to Section 13A-12-231.

42. Child abuse pursuant to Section 26-15-3.

43. Elder abuse pursuant to Section 38-9-7.

44. Terrorism pursuant to Section 13A-10-152.

45. Hindering prosecution for terrorism pursuant to Section 13A-10-154.

46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132.

47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.

48. Human trafficking I pursuant to Section 13A-6-152.

49. Human trafficking II pursuant to Section 13A-6-153.

50. Hindering prosecution in the first degree pursuant to Section 13A-10-43.

51. Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States.

b. The basis for defining these offenses as violent is that each offense meets at least one of the following criteria:

1. Has as an element, the use, attempted use, or threatened use of a deadly weapon or dangerous instrument or physical force against the person of another.

2. Involves a substantial risk of physical injury against the person of another.

3. Is a nonconsensual sex offense.

4. Is particularly reprehensible.

c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.

d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003.

","history":"(Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15629,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15395,"codeId":31271,"versionId":38505,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-33","shortTitle":"Section 12-25-33","catchLine":"Powers and Duties of Commission.","title":"Section 12-25-33 Powers and Duties of Commission.","sectionRange":null,"content":"

To achieve the goals recognized by the Legislature in Chapter 25 and Section 12-25-31, the commission shall:

(1) Develop, maintain, and modify as necessary a system of statewide voluntary sentencing standards for use in felony cases which shall take into account historical sentencing data, concerning time actually served for various felony offenses, sentences imposed for various felony offenses, and such other factors as appear historically relevant to determining both the duration and disposition of sentences in felony cases. The standards shall recognize a continuum of punishments in recommending the disposition of sentences.

(2) Educate judges, prosecutors, defense attorneys, victim’s service officers, community corrections officials, probation officers, and other personnel, where appropriate, in the use of the voluntary sentencing standards and worksheets.

(3) Develop, distribute, and periodically update sentencing worksheets for the use of courts in determining both the duration and disposition of sentences in felony cases.

(4) Prepare, distribute, and periodically update a form for sentencing courts to record the sentence of the offender and the reason or reasons for any departure from the voluntary sentencing standards.

(5) Develop and distribute voluntary standards for sentencing courts that include recommended intermediate punishment options.

(6) Evaluate validated risk and needs assessment instruments used by the Board of Pardons and Paroles, the Department of Corrections, and other agencies and entities and assist in developing an offender risk and needs assessment instrument for use in felony cases, based on a study of Alabama felons, that is intended to be predictive of the relative risk that a felon will become a threat to public safety.

(7) Collect, analyze, and maintain data regarding sentencing practices in felony cases, including the use of the voluntary sentencing standards, and recommend changes or modifications of the standards and worksheets as the commission deems appropriate.

(8) Collect and analyze information including sentencing data, crime trends, and existing correctional resources to enable the commission to make recommendations regarding projected correctional resource needs and to make recommendations to the Governor, the Legislature, the Chief Justice, and the Attorney General in the annual report of the commission. This annual report should also include data showing the impact of the initial voluntary standards and the truth-in-sentencing standards by race, gender, and location of the offender.

(9) Study felony statutes in the context of sentencing patterns as they evolve and make recommendations for the revision of criminal offense statutes to provide more specific offense definitions and more narrowly prescribed ranges of punishment.

(10) Study bills introduced in the Legislature affecting criminal laws and procedure and prepare impact statements of proposed legislation on Alabama’s criminal justice system, including the prison population.

(11) Report upon its work and recommendations annually to the Governor, the Legislature, the Chief Justice, and the Attorney General, to include the number of incarcerated inmates that are currently only serving a sentence for a nonviolent offense and who also have a violent offense in their criminal history. The Department of Corrections shall provide to the commission any information necessary to complete such report.

(12) Conduct the research necessary to determine the appropriate point values for offenses classified as Class D felonies for purposes of the sentencing guidelines and establish such point values within the sentencing range set forth in Section 13A-5-6.

(13) Perform such other functions as may be required by law or necessary to carry out the duties of the commission prescribed in this chapter and this article.

","history":"(Act 2003-354, p. 948, §4; Act 2015-185, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15630,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15396,"codeId":31272,"versionId":34480,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-34","shortTitle":"Section 12-25-34","catchLine":"Development and Adoption of the Voluntary Sentencing Standards.","title":"Section 12-25-34 Development and Adoption of the Voluntary Sentencing Standards.","sectionRange":null,"content":"

(a) Statewide voluntary sentencing standards shall be developed and presented to the Legislature in stages over a three-year period as follows:

(1) By July 31, 2003, the commission shall develop and distribute to all sentencing judges a reference manual analyzing historical sentencing practices by duration of sentence and disposition of felony offenders in Alabama. The reference manual shall indicate those types of offenders historically most likely to be sentenced to punishments other than active incarceration where alternatives to active incarceration are available.

(2) Concurrently with the development and distribution of the reference manual, the commission shall develop and begin testing worksheets and voluntary sentencing standards in selected circuits for selected felony offenses.

(3) The commission shall develop and present the initial voluntary sentencing standards to the Legislature before or during the 2006 Regular Session. These standards shall be introduced in the 2006 Regular Session and shall become effective on October 1 following the 2006 Regular Session, if approved by an act of the Legislature passed during that session. The initial voluntary sentencing standards based on sentences imposed shall apply to convictions for felony offenses sentenced on or after October 1, 2006, and committed before the effective date of the voluntary truth-in-sentencing standards.

(4) The commission shall develop and present truth-in-sentencing standards to the Legislature before or during the 2020 Regular Session. These standards shall be introduced in the 2020 Regular Session and shall become effective on October 1 following the 2020 Regular Session, if approved by an act of the Legislature. The voluntary truth-in-sentencing standards shall apply only to felony offenses committed on or after the effective date of these standards.

(b) Recommended sentence ranges shall be established by standards that are based on historical sentencing practices, adjusted to achieve sentencing goals as established in Rule 26 of the Alabama Rules of Criminal Procedure, this chapter, and Section 12-25-31.

(c) Voluntary sentencing standards shall take into account and include statewide historically based sentence ranges, including all applicable statutory minimums and sentence enhancement provisions, including the Habitual Felony Offender Act, with adjustments made to reflect current sentencing policies. No additional penalties pursuant to any sentence enhancement statute shall apply to sentences imposed based on the voluntary sentencing standards.

(d) Commencing with the 2013 Regular Session, any modifications to the initial voluntary sentencing standards made by the commission shall be contained in the annual report presented to the Governor, the Legislature, the Chief Justice, and the Attorney General. An annual report containing proposed modifications shall be presented to the Governor, the Legislature, the Chief Justice, and the Attorney General at least forty-five days prior to each regular session of the Legislature. The modifications presented for nonviolent offenses shall become effective on October 1 following the legislative session in which the modifications were presented unless rejected by an act of the Legislature enacted by bill during the legislative session. The modifications presented for violent offenses shall become effective on October 1 following the legislative session in which the modifications were presented, if approved by an act of the Legislature enacted by bill during the legislative session in which the modifications were presented.

","history":"(Act 2003-354, p. 948, §5; Act 2006-312, p. 663, §3; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15631,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15397,"codeId":31854,"versionId":27002,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-34.1","shortTitle":"Section 12-25-34.1","catchLine":"Approval of the Initial Voluntary Sentencing Standards.","title":"Section 12-25-34.1 Approval of the Initial Voluntary Sentencing Standards.","sectionRange":null,"content":"

The initial voluntary sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary of the Senate, and the Clerk of the House of Representatives, are approved for implementation effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34 and 12-25-35; provided however, that these standards shall not apply to any sex offense involving a victim under the age of 12.

","history":"(Act 2006-312, p. 663, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15632,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15398,"codeId":42699,"versionId":49786,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-34.2","shortTitle":"Section 12-25-34.2","catchLine":"Presumptive Sentencing Standards.","title":"Section 12-25-34.2 Presumptive Sentencing Standards.","sectionRange":null,"content":"

(a) For the purposes of this section, the following words have the following meanings:

(1) AGGRAVATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recommendation for an offense. Aggravating factors may result in dispositional or sentence range departures, or both, and shall be stated on the record by the court.

(2) DEPARTURE. A sentence that departs from the presumptive sentence recommendation for an offender.

(3) DISPOSITION. The part of the sentencing courts presumptive sentence recommendation other than sentence length.

(4) DISPOSITIONAL DEPARTURE. A sentence that departs from the presumptive sentence recommendation for disposition of sentence.

(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence below the presumptive sentence recommendation for an offense. Mitigating factors may result in disposition or sentence range departures, or both, and shall be stated on the record by the court.

(6) NONVIOLENT OFFENSES. As defined in Section 12-25-32.

(7) PRESUMPTIVE SENTENCE RECOMMENDATION. The recommended sentence range and disposition provided in the sentencing standards.

(8) SENTENCE RANGE. The sentencing court’s discretionary range of length of sentence as provided and recommended in the presumptive sentencing recommendation.

(9) SENTENCE RANGE DEPARTURE. A sentence that departs from the presumptive sentence recommendation as to the sentence range.

(10) VIOLENT OFFENSES. As defined in Section 12-25-32.

(b)(1) The voluntary sentencing standards as provided for in Section 12-25-34, as applied to nonviolent offenses shall become presumptive sentencing standards effective October 1, 2013, to the extent the modification adopted by the Alabama Sentencing Commission become effective October 1, 2013. The standards shall be applied by the courts in sentencing subject to departures as provided herein. To accomplish this purpose as to the existing initial voluntary sentencing standards, the Alabama Sentencing Commission shall adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement this provision including, but not limited to, defining aggravating and mitigating factors that allow for departure from the presumptive sentencing recommendations. The commission’s modifications shall be presented to the Legislature in the commission’s annual report within the first five legislative days of the 2013 Regular Session.

(2) The Alabama Sentencing Commission shall immediately adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement Act 2023-461. The amendatory provisions of Act 2023-461 shall supersede any standards, worksheets, and instructions of the commission that are in conflict with these amendatory provisions.

(c) Durational and dispositional departures from the presumptive sentencing standards shall be subject to appellate review. Along with the modifications provided for in subsection (b), the Alabama Sentencing Commission shall recommend a narrowly defined scope of appellate review applicable to departures from presumptive sentencing recommendations. The scope of appellate review shall become effective upon approval by an act of the Legislature enacted by bill.

","history":"(Act 2012-473, p. 1304, §2; Act 2023-461, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15633,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15399,"codeId":31273,"versionId":26059,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-35","shortTitle":"Section 12-25-35","catchLine":"Use of Voluntary Sentencing Standards.","title":"Section 12-25-35 Use of Voluntary Sentencing Standards.","sectionRange":null,"content":"

(a) In felony cases, a probation officer, the district attorney, or some other person appointed at the discretion of the sentencing judge, and within the time frame set by the judge, shall, after notice to the offender or his or her attorney, present a completed appropriate voluntary sentencing standards worksheet to the sentencing judge for consideration.

(b) The trial court shall review the sentencing standards worksheet and consider the suitability of the applicable voluntary sentencing standards established pursuant to this article. In imposing sentence, the court shall indicate on the record that the worksheet and applicable sentencing standards have been reviewed and considered.

(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary standards, and sentences outside the voluntary sentencing standards in accordance with existing law, the court may provide a brief written reason for the departure. Neither the departure nor the reason stated for the departure shall be subject to appellate review but shall be supplied to the commission for future consideration concerning modification of the voluntary sentencing standards and for statistical purposes only.

(d) Copies of the voluntary sentencing standards worksheets, prepared pursuant to this article, shall be subject to the same distribution requirements as presentence investigation reports.

(e) Following the imposition of a sentence in a felony case, the clerk of the court in which the case was disposed shall forward a copy of the sentencing order or orders, a copy of the voluntary sentencing standards worksheets prepared in the case, and a copy of any departure explanation to the commission within 45 days after the imposition of sentence.

(f) Failure to follow any or all of the provisions of this section, or failure to follow any or all of the provisions of this section in the prescribed manner, shall not be reviewable on appeal or the basis of any other post-conviction relief.

","history":"(Act 2003-354, p. 948, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15634,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15400,"codeId":31274,"versionId":34481,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-36","shortTitle":"Section 12-25-36","catchLine":"Sentencing Under the Voluntary Truth-in-Sentencing Standards.","title":"Section 12-25-36 Sentencing Under the Voluntary Truth-in-Sentencing Standards.","sectionRange":null,"content":"

This section and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based on the voluntary truth-in-sentencing standards, all of the following rules shall apply:

(1) Sentences imposed based on voluntary truth-in-sentencing standards pursuant to this article shall not be subject to any other provision of law concerning the duration of sentence.

(2) Sentences imposed based on the voluntary truth-in-sentencing standards shall include both a minimum and an extended term of sentence including a period of post-release supervision. The minimum sentence and the extended sentence shall be specified in the judgment of the court for those sentences that are imposed in compliance with the voluntary truth-in-sentencing standards. Sentence dispositions may include active incarceration, intermediate punishment, unsupervised probation, or a minimum punishment as specified in the voluntary truth-in-sentencing standards.

(3) The minimum term of sentence shall be consistent with the sentence range recommended in the voluntary truth-in-sentencing standards for the worksheet score of an offender. No offender sentenced to incarceration may be released from incarceration before the expiration date of the minimum term of sentence.

(4) The extended term of sentence shall be a period of time equal to 120 percent of the minimum term, rounded to the next highest month, plus a one-year period of post-release supervision.

(5) The amount of time an offender shall be incarcerated on the extended term of sentence shall be determined by the Department of Corrections pursuant to rules and regulations established by the Department of Corrections governing an offender’s conduct after conviction and sentence.

(6) No sentence of active incarceration may be suspended.

(7) For any disposition of sentence less than active incarceration as defined in paragraph a. of subdivision (2) of Section 12-25-32, the court shall retain jurisdiction to modify sentence disposition of sentence.

","history":"(Act 2003-354, p. 948, §7; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15635,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15401,"codeId":31275,"versionId":26060,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-37","shortTitle":"Section 12-25-37","catchLine":"Post-Release Supervision.","title":"Section 12-25-37 Post-Release Supervision.","sectionRange":null,"content":"

(a) An offender sentenced based on the voluntary truth-in-sentencing standards is released from incarceration to post-release supervision on the date equivalent to the expiration of the minimum term of sentence plus any additional time added by the Department of Corrections on the offender’s extended term of sentence. In no event, however, shall an offender’s initial release date be later than the date equivalent to the extended term less the time equivalent to the period of post-release supervision.

(b) An offender may not refuse post-release supervision.

(c) An offender whose offense was committed after the effective date of the voluntary truth-in-sentencing standards but whose sentence of active incarceration was a departure from the standards, shall be released to post-release supervision one year prior to the date calculated as the end of the offender’s sentence.

(d) Before an offender is released to post-release supervision, the Board of Pardons and Paroles shall design a release plan to reintegrate the offender into society and to further hold the offender accountable for his or her offense by collecting restitution and other court indebtedness.

(e) Post-release supervision shall be provided by probation and parole officers or other officers designated by the Board of Pardons and Paroles.

","history":"(Act 2003-354, p. 948, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15636,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15402,"codeId":31276,"versionId":26061,"parentId":48851,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-25-38","shortTitle":"Section 12-25-38","catchLine":"Revocation of Post-Release Supervision Status.","title":"Section 12-25-38 Revocation of Post-Release Supervision Status.","sectionRange":null,"content":"

(a) Offenders who fail to comply with the conditions of post-release supervision as specified by the Board of Pardons and Paroles may have their release status revoked.

(b) At any time during the period of post-release supervision, the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested for violating any of the conditions of post-release supervision.

(c) Any probation officer, police officer, or other officer with power of arrest, when requested by the probation officer or other supervising officer, may arrest an offender under post-release supervision without a warrant. To arrest the offender without a warrant, the arresting officer shall have a written statement by the probation officer or other supervising officer declaring that the offender under post-release supervision, in his or her judgment, has violated the conditions of post-release supervision. The statement shall be sufficient warrant for the detention of the person under post-release supervision in the county jail or other appropriate place of detention until the offender under post-release supervision is brought before the Board of Pardons and Paroles; provided that no person detained under this section shall be held in the county jail for more than 20 days, and if his or her detention exceeds 20 days, he or she shall be immediately transferred to a state correctional facility. The probation officer or other supervising officer shall forthwith report the arrest and detention to the Board of Pardons and Paroles and shall submit in writing a report demonstrating how the offender under post-release supervision violated the terms of his or her release status.

(d) If the offender violates a condition of post-release supervision, the Board of Pardons and Paroles, after a hearing, may implement one or more of the following options:

(1) Continue the existing term of post-release supervision.

(2) Issue a formal or informal warning to the offender under post-release supervision that further violation may result in revocation of his or her post-release supervision status and a return to incarceration for a period of time not to exceed the remainder of the maximum sentence imposed at the time of sentencing. An offender shall not receive credit on his or her sentence for time served on post-release supervision.

(3) Conduct a formal or informal conference with the offender under post-release supervision to reemphasize the necessity of compliance with the conditions of his or her release status.

(4) Modify the conditions of post-release supervision, including, but not limited to, short periods of confinement.

(5) Revoke the post-release supervision status of the offender and order the offender returned to custody for such period of time as provided in subdivision (2).

(e) The Board of Pardons and Paroles may not revoke the release status of an offender and order additional confinement unless the board finds, on the basis of the original offense and the intervening conduct of the offender, either of the following:

(1) That no measure short of confinement will adequately protect the community from further criminal activity by the offender.

(2) That no measure short of confinement will avoid depreciating the seriousness of the violation.

(3) In lieu of a formal hearing, the Board of Pardons and Paroles may issue a standing order authorizing supervising officers to impose the sanctions listed in subdivisions (1), (2), or (3) of this subsection (d) or any pre-approved sanction that does not include a period of confinement. All instances of non-compliance and disciplinary actions shall be immediately reported to the Board of Pardons and Paroles.

","history":"(Act 2003-354, p. 948, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15637,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15403,"codeId":51560,"versionId":null,"parentId":12,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"26","shortTitle":"Chapter 26","catchLine":"Occupational Licensing Order of Limited Relief.","title":"Chapter 26 Occupational Licensing Order of Limited Relief.","sectionRange":"§12-26-1 to §12-26-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15638,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15404,"codeId":51561,"versionId":44178,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-1","shortTitle":"Section 12-26-1","catchLine":"Definitions.","title":"Section 12-26-1 Definitions.","sectionRange":null,"content":"

As used in this chapter, the following terms have the following meanings:

(1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to engage in a particular occupation. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court, or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification Act.

(2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an individual convicted of a crime serves time in the jurisdictional custody of the state, including, but not limited to, a prison term, jail term, or community corrections sentence.

(3) ORDER OF THE LIMITED RELIEF or ORDER. An order concerning an individual convicted of a crime by a court of conviction that relieves the individual from some or all of the collateral consequences associated with that conviction within this state.

","history":"(Act 2019-464, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15639,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15405,"codeId":51562,"versionId":44179,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-2","shortTitle":"Section 12-26-2","catchLine":"Exclusions.","title":"Section 12-26-2 Exclusions.","sectionRange":null,"content":"

This chapter does not do any of the following:

(1) Provide a basis for invalidating a plea, conviction, or sentence.

(2) Provide a cause of action for monetary damages.

(3) Affect any of the following:

a. The responsibilities imposed by the Alabama Sex Offender Registration and Community Notification Act.

b. Any licensure requirements imposed by an interstate compact or other interstate mutual recognition licensure requirements imposed by law to which Alabama is subject, or any licensure requirements imposed by federal law.

c. An attorney’s duty to represent a client.

d. A claim or right of the victim of a criminal offense.

e. A right or remedy under law, other than this chapter, available to an individual convicted of a crime.

","history":"(Act 2019-464, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15640,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15406,"codeId":51563,"versionId":44180,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-3","shortTitle":"Section 12-26-3","catchLine":"Petition for Order of Limited Relief - State Conviction.","title":"Section 12-26-3 Petition for Order of Limited Relief - State Conviction.","sectionRange":null,"content":"

(a) An individual who has been convicted in this state of a misdemeanor or felony may file a petition to obtain an order of limited relief in the following venues:

(1) For a conviction imposed by a circuit court, in the circuit civil court in the county that imposed the conviction.

(2) For a conviction imposed by a district or municipal court, in the circuit civil court in the county where the crime occurred.

(b) An individual who has been convicted in multiple judicial circuits in this state may file a petition to obtain an order of limited relief covering each of his or her criminal convictions in the circuit civil court in any county that imposed one of the convictions.

(c) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a) or (b).

","history":"(Act 2019-464, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15641,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15407,"codeId":51564,"versionId":44181,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-4","shortTitle":"Section 12-26-4","catchLine":"Petition for Order of Limited Relief - Federal Conviction.","title":"Section 12-26-4 Petition for Order of Limited Relief - Federal Conviction.","sectionRange":null,"content":"

(a) An individual who has been convicted in federal court may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides.

(b) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a).

","history":"(Act 2019-464, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15642,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15408,"codeId":51565,"versionId":44182,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-5","shortTitle":"Section 12-26-5","catchLine":"Petition for Order of Limited Relief - Conviction Outside State.","title":"Section 12-26-5 Petition for Order of Limited Relief - Conviction Outside State.","sectionRange":null,"content":"

(a) An individual who has been convicted in the court of another state or country and has received an order of limited relief or similar document or ruling from the convicting jurisdiction may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides.

(b) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a).

","history":"(Act 2019-464, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15643,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15409,"codeId":51566,"versionId":44183,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-6","shortTitle":"Section 12-26-6","catchLine":"Petition for Order of Limited Relief - Exceptions.","title":"Section 12-26-6 Petition for Order of Limited Relief - Exceptions.","sectionRange":null,"content":"

(a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances:

(1) If the petitioner is serving a custodial sentence with more than six months remaining.

(2) If the petitioner is currently charged with a felony.

(3) If the petitioner is currently charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months.

(b) An individual may not file a petition to obtain an order of limited relief if a separate petition covering the same conviction or convictions has been filed in another circuit.

(c) A court’s rejection of a petition to obtain an order of limited relief on its merits shall be preclusive as to the related convictions for a period of two years, unless otherwise ordered at the court’s discretion.

","history":"(Act 2019-464, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15644,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15411,"codeId":51568,"versionId":44185,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-8","shortTitle":"Section 12-26-8","catchLine":"Fees; Indigency.","title":"Section 12-26-8 Fees; Indigency.","sectionRange":null,"content":"

(a) In addition to any court costs or docket fees for filing a petition in circuit court, the petitioner shall pay an administrative filing fee of one hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief. The administrative filing fee may not be waived by the court.

(b) Notwithstanding subsection (a), a petitioner may apply for indigent status by completing an Affidavit of Substantial Hardship and submitting the affidavit when filing the petition. If the court finds the petitioner is indigent, the court may establish a payment plan for the petitioner to satisfy the administrative filing fee over a period of time.

(c) All administrative filing fees shall be allocated to the State Judicial Administration Fund administered by the Administrative Office of Courts.

","history":"(Act 2019-464, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15646,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15413,"codeId":51570,"versionId":44187,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-10","shortTitle":"Section 12-26-10","catchLine":"Determination That Petition Filed Under False Pretenses, Etc.; Voiding of Order; Revocation of Order.","title":"Section 12-26-10 Determination That Petition Filed Under False Pretenses, Etc.; Voiding of Order; Revocation of Order.","sectionRange":null,"content":"

(a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court’s determination. After 30 days or the filing of the response, whether or not the petitioner was able to be located, the court may order a hearing or enter an order revoking the order.

(b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited relief.

(c) When an order is issued while the petitioner is on probation for the related offense, the court may revoke the order upon a finding that the petitioner has violated the terms or conditions of probation.

","history":"(Act 2019-464, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15648,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15414,"codeId":51571,"versionId":44188,"parentId":51560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"12-26-11","shortTitle":"Section 12-26-11","catchLine":"Form; Annual Report.","title":"Section 12-26-11 Form; Annual Report.","sectionRange":null,"content":"

(a) The Administrative Office of Courts may establish a standard order of limited relief form to be used by all courts in the state.

(b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of applicants requesting an order of limited relief, the number of orders granted, and a list of the underlying offenses for which an order was granted. The report may not include any case-specific identifying information.

","history":"(Act 2019-464, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15649,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15415,"codeId":13,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"13A","shortTitle":"Title 13A","catchLine":"Criminal Code.","title":"Title 13A Criminal Code.","sectionRange":null,"content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15650,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15416,"codeId":24844,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"General Provisions.","title":"Chapter 1 General Provisions.","sectionRange":"§13A-1-1 to §13A-1-11","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15651,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15417,"codeId":24846,"versionId":19669,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-1","shortTitle":"Section 13A-1-1","catchLine":"Short Title.","title":"Section 13A-1-1 Short Title.","sectionRange":null,"content":"

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

","history":"(Acts 1977, No. 607, p. 812, §101.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15652,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15418,"codeId":24849,"versionId":47978,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-2","shortTitle":"Section 13A-1-2","catchLine":"Definitions.","title":"Section 13A-1-2 Definitions.","sectionRange":null,"content":"

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; or a penetrating gunshot wound inflicted by a firearm as defined in Section 13A-8-1.

(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.

","history":"(Acts 1977, No. 607, p. 812, §130; Acts 1978, No. 770, p. 1110; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2022-401, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15653,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15419,"codeId":24851,"versionId":19672,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-3","shortTitle":"Section 13A-1-3","catchLine":"General Purposes of Title.","title":"Section 13A-1-3 General Purposes of Title.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15654,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15420,"codeId":24853,"versionId":19674,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-4","shortTitle":"Section 13A-1-4","catchLine":"When Act or Omission Constitutes Crime.","title":"Section 13A-1-4 When Act or Omission Constitutes Crime.","sectionRange":null,"content":"

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

","history":"(Acts 1977, No. 607, p. 812, §110.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15655,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15421,"codeId":24855,"versionId":19675,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-6","shortTitle":"Section 13A-1-6","catchLine":"General Rule of Construction.","title":"Section 13A-1-6 General Rule of Construction.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §115.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15656,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15422,"codeId":24857,"versionId":19678,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-7","shortTitle":"Section 13A-1-7","catchLine":"Applicability of Title to Offenses Committed Before and After Enactment of Title.","title":"Section 13A-1-7 Applicability of Title to Offenses Committed Before and After Enactment of Title.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §120.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15657,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15423,"codeId":24859,"versionId":19680,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-8","shortTitle":"Section 13A-1-8","catchLine":"Procedural Matters; Civil Liabilities Not Affected by Title; Prosecution When More Than One Offense.","title":"Section 13A-1-8 Procedural Matters; Civil Liabilities Not Affected by Title; Prosecution When More Than One Offense.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 77-607, p. 812, §125; Acts 1979, No. 79-471, p. 862, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15658,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15424,"codeId":24860,"versionId":19681,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-9","shortTitle":"Section 13A-1-9","catchLine":"Lesser Included Offenses.","title":"Section 13A-1-9 Lesser Included Offenses.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §126.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15659,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15425,"codeId":24861,"versionId":19682,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-10","shortTitle":"Section 13A-1-10","catchLine":"Pending Proceedings, Rights and Liabilities Not Affected.","title":"Section 13A-1-10 Pending Proceedings, Rights and Liabilities Not Affected.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §9905.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15660,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15426,"codeId":24862,"versionId":19683,"parentId":24844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-1-11","shortTitle":"Section 13A-1-11","catchLine":"Effective Date.","title":"Section 13A-1-11 Effective Date.","sectionRange":null,"content":"

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

","history":"(Acts 1977, No. 607, p. 812, §9910; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-125, p. 230.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15661,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15427,"codeId":24863,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Principles of Criminal Liability.","title":"Chapter 2 Principles of Criminal Liability.","sectionRange":"§13A-2-1 to §13A-2-26","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15662,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15428,"codeId":24864,"versionId":null,"parentId":24863,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Culpability.","title":"Article 1 Culpability.","sectionRange":"§13A-2-1 to §13A-2-7","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15663,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15429,"codeId":24865,"versionId":19684,"parentId":24864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-1","shortTitle":"Section 13A-2-1","catchLine":"Definitions - Generally.","title":"Section 13A-2-1 Definitions - Generally.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §301.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15664,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15430,"codeId":24866,"versionId":19685,"parentId":24864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-2","shortTitle":"Section 13A-2-2","catchLine":"Definitions - Definitions of Culpable Mental State.","title":"Section 13A-2-2 Definitions - Definitions of Culpable Mental State.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §305.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15665,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15431,"codeId":24867,"versionId":19686,"parentId":24864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-3","shortTitle":"Section 13A-2-3","catchLine":"Requirements for Criminal Liability in General and for Offenses of Strict Liability and of Mental Culpability.","title":"Section 13A-2-3 Requirements for Criminal Liability in General and for Offenses of Strict Liability and of Mental Culpability.","sectionRange":null,"content":"

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.”

","history":"(Acts 1977, No. 607, p. 812, §310.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15666,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15432,"codeId":24868,"versionId":19687,"parentId":24864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-4","shortTitle":"Section 13A-2-4","catchLine":"Construction of Statutes with Respect to Culpability Requirements.","title":"Section 13A-2-4 Construction of Statutes with Respect to Culpability Requirements.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §315.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15667,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15433,"codeId":24869,"versionId":19688,"parentId":24864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-5","shortTitle":"Section 13A-2-5","catchLine":"Causal Relationship Between Conduct and Results; Relationship to Mental Culpability.","title":"Section 13A-2-5 Causal Relationship Between Conduct and Results; Relationship to Mental Culpability.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §320.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15668,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15434,"codeId":24872,"versionId":19690,"parentId":24864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-6","shortTitle":"Section 13A-2-6","catchLine":"Effect of Ignorance or Mistake Upon Liability.","title":"Section 13A-2-6 Effect of Ignorance or Mistake Upon Liability.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §325.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15669,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15435,"codeId":24874,"versionId":19692,"parentId":24864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-7","shortTitle":"Section 13A-2-7","catchLine":"Consent.","title":"Section 13A-2-7 Consent.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §330.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15670,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15436,"codeId":24877,"versionId":null,"parentId":24863,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Parties to Offenses.","title":"Article 2 Parties to Offenses.","sectionRange":"§13A-2-20 to §13A-2-26","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15671,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15437,"codeId":24878,"versionId":19695,"parentId":24877,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-20","shortTitle":"Section 13A-2-20","catchLine":"Criminal Liability Based Upon Behavior.","title":"Section 13A-2-20 Criminal Liability Based Upon Behavior.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §401.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15672,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15438,"codeId":24880,"versionId":19697,"parentId":24877,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-21","shortTitle":"Section 13A-2-21","catchLine":"Criminal Liability Based Upon Behavior of Another - Accountability Imposed by Statute.","title":"Section 13A-2-21 Criminal Liability Based Upon Behavior of Another - Accountability Imposed by Statute.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §405.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15673,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15439,"codeId":24882,"versionId":19698,"parentId":24877,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-22","shortTitle":"Section 13A-2-22","catchLine":"Criminal Liability Based Upon Behavior of Another - Conduct of an Innocent Person.","title":"Section 13A-2-22 Criminal Liability Based Upon Behavior of Another - Conduct of an Innocent Person.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §410.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15674,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15440,"codeId":24883,"versionId":19700,"parentId":24877,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-23","shortTitle":"Section 13A-2-23","catchLine":"Criminal Liability Based Upon Behavior of Another - Complicity.","title":"Section 13A-2-23 Criminal Liability Based Upon Behavior of Another - Complicity.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §415.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15675,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15441,"codeId":24885,"versionId":19702,"parentId":24877,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-24","shortTitle":"Section 13A-2-24","catchLine":"Criminal Liability Based Upon Behavior of Another - Exceptions.","title":"Section 13A-2-24 Criminal Liability Based Upon Behavior of Another - Exceptions.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §420.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15676,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15442,"codeId":24886,"versionId":19703,"parentId":24877,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-25","shortTitle":"Section 13A-2-25","catchLine":"Criminal Liability Based Upon Behavior of Another - Certain Defenses Not Available.","title":"Section 13A-2-25 Criminal Liability Based Upon Behavior of Another - Certain Defenses Not Available.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §425.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15677,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15443,"codeId":24888,"versionId":19705,"parentId":24877,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-2-26","shortTitle":"Section 13A-2-26","catchLine":"Criminal Liability of an Individual for Corporate Conduct.","title":"Section 13A-2-26 Criminal Liability of an Individual for Corporate Conduct.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §435.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15678,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15444,"codeId":24893,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"3","shortTitle":"Chapter 3","catchLine":"Defenses.","title":"Chapter 3 Defenses.","sectionRange":"§13A-3-1 to §13A-3-31","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15679,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15445,"codeId":24894,"versionId":null,"parentId":24893,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Responsibility.","title":"Article 1 Responsibility.","sectionRange":"§13A-3-1 to §13A-3-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15680,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15446,"codeId":24895,"versionId":19710,"parentId":24894,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-1","shortTitle":"Section 13A-3-1","catchLine":"Mental Disease or Defect.","title":"Section 13A-3-1 Mental Disease or Defect.","sectionRange":null,"content":"

(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.

(c) The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

","history":"(Acts 1977, No. 607, p. 812, §501; Acts 1988, No. 88-654, p. 1051, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15681,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15447,"codeId":24898,"versionId":19713,"parentId":24894,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-2","shortTitle":"Section 13A-3-2","catchLine":"Intoxication.","title":"Section 13A-3-2 Intoxication.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §505.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15682,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15448,"codeId":24900,"versionId":19715,"parentId":24894,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-3","shortTitle":"Section 13A-3-3","catchLine":"Immaturity.","title":"Section 13A-3-3 Immaturity.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §510.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15683,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15449,"codeId":24902,"versionId":null,"parentId":24893,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Justification and Excuse.","title":"Article 2 Justification and Excuse.","sectionRange":"§13A-3-20 to §13A-3-31","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15684,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15451,"codeId":24905,"versionId":19718,"parentId":24902,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-21","shortTitle":"Section 13A-3-21","catchLine":"Basis for Defense Generally; Injury to Innocent Person through Negligence; Civil Remedies.","title":"Section 13A-3-21 Basis for Defense Generally; Injury to Innocent Person through Negligence; Civil Remedies.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §601.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15686,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15452,"codeId":24907,"versionId":19720,"parentId":24902,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-22","shortTitle":"Section 13A-3-22","catchLine":"Execution of Public Duty.","title":"Section 13A-3-22 Execution of Public Duty.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §605; Acts 1979, No. 79-471, p. 862, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15687,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15454,"codeId":24909,"versionId":19721,"parentId":24902,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-24","shortTitle":"Section 13A-3-24","catchLine":"Use of Force by Persons with Parental, Custodial, or Special Responsibilities.","title":"Section 13A-3-24 Use of Force by Persons with Parental, Custodial, or Special Responsibilities.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §615.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15689,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15455,"codeId":24910,"versionId":19722,"parentId":24902,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-25","shortTitle":"Section 13A-3-25","catchLine":"Use of Force in Defense of Premises.","title":"Section 13A-3-25 Use of Force in Defense of Premises.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §620.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15690,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15456,"codeId":24914,"versionId":19724,"parentId":24902,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-26","shortTitle":"Section 13A-3-26","catchLine":"Use of Force in Defense of Property Other Than Premises.","title":"Section 13A-3-26 Use of Force in Defense of Property Other Than Premises.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §625.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15691,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15459,"codeId":24920,"versionId":19730,"parentId":24902,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-30","shortTitle":"Section 13A-3-30","catchLine":"Duress.","title":"Section 13A-3-30 Duress.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §645; Acts 1979, No. 79-664, p. 1163, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15694,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15460,"codeId":24922,"versionId":19732,"parentId":24902,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-3-31","shortTitle":"Section 13A-3-31","catchLine":"Entrapment.","title":"Section 13A-3-31 Entrapment.","sectionRange":null,"content":"

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

","history":"(Acts 1977, No. 607, p. 812, §650; Acts 1979, No. 79-664, p. 1163, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15695,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15461,"codeId":24927,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"4","shortTitle":"Chapter 4","catchLine":"Inchoate Crimes.","title":"Chapter 4 Inchoate Crimes.","sectionRange":"§13A-4-1 to §13A-4-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15696,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15462,"codeId":24928,"versionId":49787,"parentId":24927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-4-1","shortTitle":"Section 13A-4-1","catchLine":"Criminal Solicitation.","title":"Section 13A-4-1 Criminal Solicitation.","sectionRange":null,"content":"

(a)(1) A person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a crime, he or she solicits, requests, commands or importunes another person to engage in such conduct.

(2) 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 or her criminal intent, he or she (1) notified the person solicited of his or her 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 or her 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 that is related to but separate from the offense solicited, the defendant is guilty of the 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 any of the following:

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

(2) Unawareness of the criminal nature of the conduct solicited or of the defendant’s criminal purpose.

(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 the defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that he or she 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 D felony if the offense solicited is a Class C felony.

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

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

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

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

","history":"(Acts 1977, No. 607, p. 812, §1001; Act 2023-461, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15697,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15463,"codeId":24931,"versionId":49788,"parentId":24927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-4-2","shortTitle":"Section 13A-4-2","catchLine":"Attempt.","title":"Section 13A-4-2 Attempt.","sectionRange":null,"content":"

(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he or she does any overt act towards the commission of the 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 the 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 or she avoided the commission of the offense attempted by abandoning his or her criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps that 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 D felony if the offense attempted is a Class C felony.

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

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

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

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

","history":"(Acts 1977, No. 607, p. 812, §1005; Act 2023-461, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15698,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15464,"codeId":24935,"versionId":49789,"parentId":24927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-4-3","shortTitle":"Section 13A-4-3","catchLine":"Criminal Conspiracy Generally.","title":"Section 13A-4-3 Criminal Conspiracy Generally.","sectionRange":null,"content":"

(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he or she agrees with one or more persons to engage in or cause the performance of the conduct, and any one or more of the 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 or she agrees has in turn agreed or will agree with another to effect the same criminal objective, he or she shall be deemed to have agreed with the other person, whether or not he or she 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 or she 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) None of the following is a defense to a prosecution for criminal conspiracy:

(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.

(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.

(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 or she 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 D felony if an object of the conspiracy is a Class C felony.

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

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

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

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

","history":"(Acts 1977, No. 607, p. 812, §1015; Act 2023-461, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15699,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15465,"codeId":24937,"versionId":19745,"parentId":24927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-4-4","shortTitle":"Section 13A-4-4","catchLine":"Conspiracy Formed in This State to Commit Crime Elsewhere Indictable Here.","title":"Section 13A-4-4 Conspiracy Formed in This State to Commit Crime Elsewhere Indictable Here.","sectionRange":null,"content":"

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.

","history":"(Code 1896, §4430; Code 1907, §6472; Code 1923, §3573; Code 1940, T. 14, §102; Code 1975, §13-9-23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15700,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15466,"codeId":24939,"versionId":19747,"parentId":24927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-4-5","shortTitle":"Section 13A-4-5","catchLine":"Consummation of Object Offense Not Defense to Prosecution; Multiple Convictions on Basis of Same Course of Conduct.","title":"Section 13A-4-5 Consummation of Object Offense Not Defense to Prosecution; Multiple Convictions on Basis of Same Course of Conduct.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §1020.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15701,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15467,"codeId":24943,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"5","shortTitle":"Chapter 5","catchLine":"Punishments and Sentences.","title":"Chapter 5 Punishments and Sentences.","sectionRange":"§13A-5-1 to §13A-5-59","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15702,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15468,"codeId":24944,"versionId":null,"parentId":24943,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§13A-5-1 to §13A-5-14","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15703,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15469,"codeId":24945,"versionId":19751,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-1","shortTitle":"Section 13A-5-1","catchLine":"Applicability of Provisions.","title":"Section 13A-5-1 Applicability of Provisions.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §1201.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15704,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15470,"codeId":24947,"versionId":40380,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-2","shortTitle":"Section 13A-5-2","catchLine":"Authorized Dispositions.","title":"Section 13A-5-2 Authorized Dispositions.","sectionRange":null,"content":"

(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.

(c) Every person convicted of a misdemeanor or violation shall be sentenced by the court to:

(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 sex offense involving a child as defined in Section 15-20A-4(26), 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, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the offense, as authorized by subsection (c) of Section 13A-6-2.

","history":"(Acts 1977, No. 607, p. 812, §1205; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2015-463, §1; Act 2016-360, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15705,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15471,"codeId":24950,"versionId":38506,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-3","shortTitle":"Section 13A-5-3","catchLine":"Classification of Offenses.","title":"Section 13A-5-3 Classification of Offenses.","sectionRange":null,"content":"

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

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

(1) Class A felonies;

(2) Class B felonies;

(3) Class C felonies; and

(4) Class D felonies.

(c) Misdemeanors are classified according to the relative seriousness of the offense into three categories:

(1) Class A misdemeanors;

(2) Class B misdemeanors; and

(3) Class C misdemeanors.

(d) Violations are not classified.

","history":"(Acts 1977, No. 607, p. 812, §1210; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15706,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15472,"codeId":24953,"versionId":19756,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-4","shortTitle":"Section 13A-5-4","catchLine":"Designation of Offenses.","title":"Section 13A-5-4 Designation of Offenses.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §1215.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15707,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15473,"codeId":24956,"versionId":26655,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-5","shortTitle":"Section 13A-5-5","catchLine":"Presentence Investigation.","title":"Section 13A-5-5 Presentence Investigation.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §1220; Act 2006-218, p. 376, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15708,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15474,"codeId":24957,"versionId":49790,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-6","shortTitle":"Section 13A-5-6","catchLine":"Sentences of Imprisonment for Felonies.","title":"Section 13A-5-6 Sentences of Imprisonment for Felonies.","sectionRange":null,"content":"

(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 two years.

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

(4) For a Class D felony, not more than five years or less than one year and one day.

(5) 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 sex offense involving a child as defined in Section 15-20A-4, not less than 20 years.

(6) 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 sex offense involving a child as defined in Section 15-20A-4, not less than 10 years.

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

(c) In addition to any penalties otherwise provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20A-19, or where an offender is convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4, 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 otherwise 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.

","history":"(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; Act 2015-185, p. 476, §2; Act 2015-463, p. 1506, §1; Act 2019-465, §1; Act 2023-461, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15709,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15475,"codeId":24959,"versionId":19759,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-7","shortTitle":"Section 13A-5-7","catchLine":"Sentences of Imprisonment for Misdemeanors and Violations.","title":"Section 13A-5-7 Sentences of Imprisonment for Misdemeanors and Violations.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §1230; Acts 1978, No. 770, p. 1110.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15710,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15476,"codeId":24961,"versionId":19761,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-8","shortTitle":"Section 13A-5-8","catchLine":"Place of Imprisonment.","title":"Section 13A-5-8 Place of Imprisonment.","sectionRange":null,"content":"

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

","history":"(Acts 1977, No. 607, p. 812, §1232.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15711,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15477,"codeId":47203,"versionId":39297,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-8.1","shortTitle":"Section 13A-5-8.1","catchLine":"Termination from Alternative Programs.","title":"Section 13A-5-8.1 Termination from Alternative Programs.","sectionRange":null,"content":"

If a defendant is participating in a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program and is subsequently terminated from that program, the court may then order that the defendant be confined in either a prison, jail-type institution, treatment institution, or a consenting community corrections program. The court shall impose a sentence length that complies with either Section 13A-5-6, Section 13A-5-9, or the sentencing guidelines, whichever is applicable. Nothing in this section shall preclude the court from imposing a split sentence under Section 15-18-8 or from suspending a sentence under Section 15-22-50. Nothing in this section shall limit the court’s discretion with regard to any defendant ordered to participate in a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program, whether pre-trial, pre-trial adjudication, or as a condition of bond.

","history":"(Act 2015-185, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15712,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15479,"codeId":30710,"versionId":27621,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-9.1","shortTitle":"Section 13A-5-9.1","catchLine":"Retroactive Application of Section 13A-5-9.","title":"Section 13A-5-9.1 Retroactive Application of Section 13A-5-9.","sectionRange":null,"content":"

Repealed by Act 2014-165, §1, effective March 13, 2014.

","history":"(Act 2001-977, 3rd Sp. Sess., p. 941, §1; Act 2007-457, p. 945, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15714,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15480,"codeId":24966,"versionId":19764,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-10","shortTitle":"Section 13A-5-10","catchLine":"Habitual Felony Offenders - Proof; Restriction on Imposition of Penalty.","title":"Section 13A-5-10 Habitual Felony Offenders - Proof; Restriction on Imposition of Penalty.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §1237.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15715,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15481,"codeId":24969,"versionId":19767,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-10.1","shortTitle":"Section 13A-5-10.1","catchLine":"Habitual Felony Offenders - Proof; Certified Copies of Case Action Summary Sheets, Docket Sheets, Etc.","title":"Section 13A-5-10.1 Habitual Felony Offenders - Proof; Certified Copies of Case Action Summary Sheets, Docket Sheets, Etc.","sectionRange":null,"content":"

(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.

","history":"(Acts 1987, No. 87-604, p. 1051, §§1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15716,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15482,"codeId":24970,"versionId":38508,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-11","shortTitle":"Section 13A-5-11","catchLine":"Fines for Felonies.","title":"Section 13A-5-11 Fines for Felonies.","sectionRange":null,"content":"

(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;

(4) For a Class D felony, not more than $7,500; or

(5) 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.

","history":"(Acts 1977, No. 607, p. 812, §1240; Act 2006-197, p. 284, §1; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15717,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15483,"codeId":24973,"versionId":26646,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-12","shortTitle":"Section 13A-5-12","catchLine":"Fines for Misdemeanors and Violations.","title":"Section 13A-5-12 Fines for Misdemeanors and Violations.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §1245; Acts 1979, No. 79-471, p. 862, §1; Act 2006-197, p. 284, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15718,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15484,"codeId":31151,"versionId":25961,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-12.1","shortTitle":"Section 13A-5-12.1","catchLine":"Fines for Certain Additional Misdemeanors.","title":"Section 13A-5-12.1 Fines for Certain Additional Misdemeanors.","sectionRange":null,"content":"

Repealed by Act 2011-680, p. 2004, §2, effective June 14, 2011.

","history":"(Act 2003-355, p. 962, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15719,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15485,"codeId":24975,"versionId":38509,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-13","shortTitle":"Section 13A-5-13","catchLine":"Crimes Motivated by Victim’s Race, Color, Religion, National Origin, Ethnicity, or Physical or Mental Disability.","title":"Section 13A-5-13 Crimes Motivated by Victim’s Race, Color, Religion, National Origin, Ethnicity, or Physical or Mental Disability.","sectionRange":null,"content":"

(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. On conviction of a Class D 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 18 months.

e. 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.

","history":"(Acts 1994, No. 94-581, §§1-3; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15720,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15486,"codeId":58895,"versionId":51101,"parentId":24944,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-14","shortTitle":"Section 13A-5-14","catchLine":"Crimes Motivated by Victim’s Role as an Election Official.","title":"Section 13A-5-14 Crimes Motivated by Victim’s Role as an Election Official.","sectionRange":null,"content":"

(a) 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 role as an election official, shall be punished as follows:

(1) On conviction of a Class A felony, the sentence shall not be less than 15 years.

(2) On conviction of a Class B felony, the sentence shall not be less than 10 years.

(3) On conviction of a Class C felony, the sentence shall not be less than two years.

(4) On conviction of a Class D felony, the sentence shall not be less than 18 months.

(5) On conviction of any misdemeanor, the defendant shall be sentenced for a Class A misdemeanor and shall be sentenced to a minimum of three months.

(b) For purposes of subsection (a), a 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.

(c) For purposes of this section, an “election official” is any absentee election manager, clerk, inspector, poll worker, registrar, judge of probate or his or her employee, or the Secretary of State or his or her employee.

","history":"(Act 2024-341, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15721,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15487,"codeId":24981,"versionId":null,"parentId":24943,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Death Penalty and Life Imprisonment Without Parole.","title":"Article 2 Death Penalty and Life Imprisonment Without Parole.","sectionRange":"§13A-5-39 to §13A-5-59","content":null,"history":null,"numChildren":25,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15722,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15488,"codeId":24982,"versionId":40381,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-39","shortTitle":"Section 13A-5-39","catchLine":"Definitions.","title":"Section 13A-5-39 Definitions.","sectionRange":null,"content":"

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, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, 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.

","history":"(Acts 1981, No. 81-178, p. 203, §1; Act 2016-360, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15723,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15490,"codeId":24987,"versionId":19777,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-41","shortTitle":"Section 13A-5-41","catchLine":"Lesser Included Offenses.","title":"Section 13A-5-41 Lesser Included Offenses.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, p. 203, §3; Acts 1982, No. 82-567, p. 945, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15725,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15491,"codeId":24988,"versionId":35865,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-42","shortTitle":"Section 13A-5-42","catchLine":"Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.","title":"Section 13A-5-42 Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.","sectionRange":null,"content":"

A defendant who is indicted for a capital offense may plead guilty to it, but the state, only in cases where the death penalty is to be imposed, must 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).

","history":"(Acts 1981, No. 81-178, p. 203, §4; Act 2013-354, p. 1267, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15726,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15492,"codeId":24990,"versionId":40382,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-43","shortTitle":"Section 13A-5-43","catchLine":"Trial of Capital Offenses; Discharge of Defendant; Lesser Included Offenses; Sentencing.","title":"Section 13A-5-43 Trial of Capital Offenses; Discharge of Defendant; Lesser Included Offenses; Sentencing.","sectionRange":null,"content":"

(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 and the defendant does not establish to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses with which he or she is found guilty, the sentence shall be determined as provided in Sections 13A-5-45 through 13A-5-53.

(e) If the defendant is found guilty of a capital offense or offenses with which he or she is charged and the defendant establishes to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses, the sentence shall be either life without the possibility of parole or, in the alternative, life, and the sentence shall be determined by the procedures set forth in the Alabama Rules of Criminal Procedure for judicially imposing sentences within the range set by statute without a jury, rather than as provided in Sections 13A-5-45 to 13A-5-53, inclusive. The judge shall consider all relevant mitigating circumstances.

If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.

","history":"(Acts 1981, No. 81-178, p. 203, §5; Act 2016-360, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15727,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15493,"codeId":48572,"versionId":40623,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-43.1","shortTitle":"Section 13A-5-43.1","catchLine":"Life Imprisonment for Certain Crimes by Persons Under 18 Years of Age.","title":"Section 13A-5-43.1 Life Imprisonment for Certain Crimes by Persons Under 18 Years of Age.","sectionRange":null,"content":"

Notwithstanding any other provision of law, if a defendant is found guilty of any non-homicide crime for which the only sentence provided by law is life imprisonment without the possibility of parole and that defendant proves by a preponderance of the evidence that he or she was under the age of 18 years at the time of the offense, the sentence shall be life imprisonment.

","history":"(Act 2016-360, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15728,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15494,"codeId":48573,"versionId":40624,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-43.2","shortTitle":"Section 13A-5-43.2","catchLine":"Applicability of Certain Provisions to Persons Under 18 Years of Age.","title":"Section 13A-5-43.2 Applicability of Certain Provisions to Persons Under 18 Years of Age.","sectionRange":null,"content":"

Act 2016-360 shall apply to any person under the age of 18 years at the time an offense was committed who was sentenced to life without the possibility of parole under Section 13A-5-2, 13A-5-39, 13A-5-43, or 13A-6-2, whether the person is currently incarcerated or hereinafter convicted.

","history":"(Act 2016-360, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15729,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15495,"codeId":24992,"versionId":19780,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-44","shortTitle":"Section 13A-5-44","catchLine":"Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing.","title":"Section 13A-5-44 Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing.","sectionRange":null,"content":"

(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.

","history":"(Acts 1981, No. 81-178, p. 203, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15730,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15496,"codeId":24994,"versionId":40897,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-45","shortTitle":"Section 13A-5-45","catchLine":"Sentence Hearing - Delay; Statements and Arguments; Admissibility of Evidence; Burden of Proof; Mitigating and Aggravating Circumstances.","title":"Section 13A-5-45 Sentence Hearing - Delay; Statements and Arguments; Admissibility of Evidence; Burden of Proof; Mitigating and Aggravating Circumstances.","sectionRange":null,"content":"

(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 trial judge other than the one before whom the defendant was tried or a jury other than the trial jury 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.

","history":"(Acts 1981, No. 81-178, p. 203, §7; Act 2017-131, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15731,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15497,"codeId":24996,"versionId":40898,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-46","shortTitle":"Section 13A-5-46","catchLine":"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.","title":"Section 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.","sectionRange":null,"content":"

(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 a 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 a 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 verdict it is to return.

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

(1) If the jury determines that no aggravating circumstances as defined in Section 13A-5-49 exist, it shall return a verdict of 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 a verdict of 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 a verdict of death.

(f) The decision of the jury to return a 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 a 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 a verdict from a jury, in which event the issue of sentence shall be submitted to the trial court without a recommendation from a jury.

","history":"(Acts 1981, No. 81-178, p. 203, §8; Act 2017-131, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15732,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15498,"codeId":24998,"versionId":40899,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-47","shortTitle":"Section 13A-5-47","catchLine":"Determination of Sentence by Court; Presentation of Arguments on Aggravating and Mitigating Circumstances; Court to Enter Written Findings.","title":"Section 13A-5-47 Determination of Sentence by Court; Presentation of Arguments on Aggravating and Mitigating Circumstances; Court to Enter Written Findings.","sectionRange":null,"content":"

(a) After the sentence hearing has been conducted, and after the jury has returned a 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 impose sentence. Where the jury has returned a verdict of death, the court shall sentence the defendant to death. Where a sentence of death is not returned by the jury, the court shall sentence the defendant to life imprisonment without parole. This code section shall not affect a trial court’s power to sentence in accordance with a guilty plea.

(b) Where the sentencing jury is waived pursuant to Section 13A-5-44 and 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. The trial court, based upon evidence presented at trial and the evidence presented during the sentence hearing and any evidence submitted in connection with it, 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. 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.

","history":"(Acts 1981, No. 81-178, p. 203, §9; Act 2017-131, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15733,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15499,"codeId":48870,"versionId":41119,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-47.1","shortTitle":"Section 13A-5-47.1","catchLine":"Application of Provisions Prohibiting Court from Overriding Jury Verdict in Capital Cases.","title":"Section 13A-5-47.1 Application of Provisions Prohibiting Court from Overriding Jury Verdict in Capital Cases.","sectionRange":null,"content":"

Sections 13A-5-45, 13A-5-46, and 13A-5-47 shall apply to any defendant who is charged with capital murder after April 11, 2017, and shall not apply retroactively to any defendant who has previously been convicted of capital murder and sentenced to death prior to April 11, 2017.

","history":"(Act 2017-131, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15734,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15500,"codeId":25000,"versionId":19784,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-48","shortTitle":"Section 13A-5-48","catchLine":"Process of Weighing Aggravating and Mitigating Circumstances Defined.","title":"Section 13A-5-48 Process of Weighing Aggravating and Mitigating Circumstances Defined.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, p. 203, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15735,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15501,"codeId":25001,"versionId":43727,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-49","shortTitle":"Section 13A-5-49","catchLine":"Aggravating Circumstances.","title":"Section 13A-5-49 Aggravating Circumstances.","sectionRange":null,"content":"

Aggravating circumstances shall be any of 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.

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

(11) The capital offense was committed when the victim was less than 14 years of age.

(12) The capital offense was committed by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For the purposes of this subdivision, “in the presence of a child” means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.

(13) The victim of the capital offense was 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 the officer or guard was 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 the officer or guard.

(14) The victim of the capital offense was a first responder who was operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health, as well as firefighters and volunteer firefighters as defined by Section 36-32-1.

","history":"(Acts 1981, No. 81-178, p. 203, §11; Acts 1982, No. 82-567, p. 945, §1; Act 99-403, p. 683, §1; Act 2018-537, §2; Act 2019-514, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15736,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15502,"codeId":25002,"versionId":19785,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-50","shortTitle":"Section 13A-5-50","catchLine":"Consideration of Aggravating Circumstances in Sentence Determination.","title":"Section 13A-5-50 Consideration of Aggravating Circumstances in Sentence Determination.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, p. 203, §12; Acts 1982, No. 82-567, p. 945, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15737,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15503,"codeId":25005,"versionId":19787,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-51","shortTitle":"Section 13A-5-51","catchLine":"Mitigating Circumstances - Generally.","title":"Section 13A-5-51 Mitigating Circumstances - Generally.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15738,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15504,"codeId":25007,"versionId":19789,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-52","shortTitle":"Section 13A-5-52","catchLine":"Mitigating Circumstances - Inclusion of Defendant’s Character, Record, Etc.","title":"Section 13A-5-52 Mitigating Circumstances - Inclusion of Defendant’s Character, Record, Etc.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15739,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15505,"codeId":25009,"versionId":19791,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-53","shortTitle":"Section 13A-5-53","catchLine":"Appellate Review of Death Sentence; Scope; Remand; Specific Determinations to Be Made by Court; Authority of Court Following Review.","title":"Section 13A-5-53 Appellate Review of Death Sentence; Scope; Remand; Specific Determinations to Be Made by Court; Authority of Court Following Review.","sectionRange":null,"content":"

(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.

","history":"(Acts 1981, No. 81-178, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15740,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15506,"codeId":49241,"versionId":41441,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-53.1","shortTitle":"Section 13A-5-53.1","catchLine":"Appeals of Capital Punishment.","title":"Section 13A-5-53.1 Appeals of Capital Punishment.","sectionRange":null,"content":"

(a) Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of capital murder and sentenced to death, and files a petition for post-conviction relief under the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.

(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal of a case in which the death penalty was imposed. In all cases where the defendant is deemed indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry of the order pronouncing the defendant’s death sentence, shall appoint the defendant a separate counsel for the purposes of post-conviction relief under this section. Appointed counsel shall be compensated pursuant to Chapter 12 of Title 15; provided, however, that notwithstanding any provision of that chapter to the contrary, the total fee awarded shall not exceed seventy-five hundred dollars ($7,500), which may be waived by the Director of the Office of Indigent Defense Services for good cause shown.

(c) A circuit court shall not entertain a petition for post-conviction relief from a case in which the death penalty was imposed on the grounds specified in Rule 32.1(a) of the Alabama Rules of Criminal Procedure unless the petition, including any amendments to the petition, is filed within 365 days of the filing of the appellant defendant’s first brief on direct appeal of a case in which the death penalty was imposed pursuant to the Alabama Rules of Appellate Procedure.

(d) A circuit court, before the filing date applicable to the defendant under subsection (c), for good cause shown and after notice and an opportunity to be heard from the Attorney General, or other attorney representing the State of Alabama, may grant one 90-day extension that begins on the filing date applicable to the defendant under subsection (c).

(e) Within 90 days of the filing of the state’s answer to a properly filed petition for post-conviction relief, the circuit court shall issue an order setting forth those claims in the petition that should be summarily dismissed and those claims, if any, that should be set for an evidentiary hearing. If the properly filed petition for post-conviction relief is still pending at the time of the issuance of the certificate of judgment on direct appeal, the court in which the petition is pending shall issue a final order on the petition or appeal within 180 days.

(f) If post-conviction counsel files an untimely petition or fails to file a petition before the filing date applicable under this section, the circuit court shall direct post-conviction counsel to show good cause demonstrating extraordinary circumstances as to why the petition was not properly filed. After post-conviction counsel’s response, the circuit court may do any of the following:

(1) Find that good cause has been shown and permit counsel to continue representing the defendant and set a new filing deadline for the petition, which may not be more than 30 days from the date the court permits counsel to continue representation.

(2) Find that good cause has not been shown and dismiss any untimely filed petition.

(3) Appoint new and different counsel to represent the defendant and establish a new filing deadline for the petition, which may not be more than 270 days after the date the circuit court appoints new counsel. In the instance that this subdivision is applicable and new counsel is appointed, the circuit court in which the petition is pending shall issue a final order on the petition or appeal within 180 days of the filing of the petition.

(g) The time for filing a petition for post-conviction relief under Rule 32.1(f) in a case in which the death penalty was imposed shall be six months from the date the petitioner discovers the dismissal or denial, irrespective of the deadlines specified in this section. This provision shall not extend the deadline of a previously filed petition under Rule 32.1 of the Alabama Rules of Criminal Procedure.

(h) Any petition for post-conviction relief filed pursuant to this section after the filing date that is applicable to the defendant under this section is untimely. Rule 32.7(b) of the Alabama Rules of Criminal Procedure shall not apply to any amendments to a petition for post-conviction relief filed pursuant to this section after the filing date that is applicable to the defendant under this section. Any amendments to a petition for post-conviction relief filed pursuant to this section filed after the filing date that is applicable to the defendant under this section shall be treated as a successive petition under Rule 32.2(b) of the Alabama Rules of Criminal Procedure.

(i) The circuit court shall not entertain a petition in a case in which the death penalty has been imposed based on the grounds specified in Rule 32.1(e) of the Alabama Rules of Criminal Procedure unless the petition for post-conviction relief is filed within the time period specified in subsection (c) or (d), or within six months after the discovery of the newly discovered material facts, whichever is later.

(j) This section shall apply to any defendant who is sentenced to death after August 1, 2017.

","history":"(Act 2017-417, §§2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15741,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15507,"codeId":25011,"versionId":19793,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-54","shortTitle":"Section 13A-5-54","catchLine":"Appointment of Experienced Counsel for Indigent Defendants.","title":"Section 13A-5-54 Appointment of Experienced Counsel for Indigent Defendants.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15742,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15508,"codeId":25013,"versionId":19795,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-55","shortTitle":"Section 13A-5-55","catchLine":"Conviction and Sentence of Death Subject to Automatic Review.","title":"Section 13A-5-55 Conviction and Sentence of Death Subject to Automatic Review.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15743,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15509,"codeId":25015,"versionId":19797,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-56","shortTitle":"Section 13A-5-56","catchLine":"Supreme Court to Promulgate Indictment Forms, Verdict Forms and Jury Instructions.","title":"Section 13A-5-56 Supreme Court to Promulgate Indictment Forms, Verdict Forms and Jury Instructions.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15744,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15510,"codeId":25017,"versionId":19799,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-57","shortTitle":"Section 13A-5-57","catchLine":"Application of Article to Conduct After Effective Date.","title":"Section 13A-5-57 Application of Article to Conduct After Effective Date.","sectionRange":null,"content":"

(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.

","history":"(Acts 1981, No. 81-178, p. 203, §§19, 20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15745,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15511,"codeId":25019,"versionId":19801,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-58","shortTitle":"Section 13A-5-58","catchLine":"Interpretation of Article.","title":"Section 13A-5-58 Interpretation of Article.","sectionRange":null,"content":"

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

","history":"(Acts 1981, No. 81-178, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15746,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15512,"codeId":25021,"versionId":19803,"parentId":24981,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-5-59","shortTitle":"Section 13A-5-59","catchLine":"Application of Article Upon Finding of Unconstitutionality.","title":"Section 13A-5-59 Application of Article Upon Finding of Unconstitutionality.","sectionRange":null,"content":"

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.

","history":"(Acts 1981, No. 81-178, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15747,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15513,"codeId":25028,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"6","shortTitle":"Chapter 6","catchLine":"Offenses Involving Danger to the Person.","title":"Chapter 6 Offenses Involving Danger to the Person.","sectionRange":"§13A-6-1 to §13A-6-289","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15748,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15514,"codeId":25029,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Homicide.","title":"Article 1 Homicide.","sectionRange":"§13A-6-1 to §13A-6-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15749,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15515,"codeId":25030,"versionId":26692,"parentId":25029,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-1","shortTitle":"Section 13A-6-1","catchLine":"Definitions.","title":"Section 13A-6-1 Definitions.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2001; Act 2006-419, p. 1042, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15750,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15516,"codeId":25033,"versionId":40383,"parentId":25029,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-2","shortTitle":"Section 13A-6-2","catchLine":"Murder.","title":"Section 13A-6-2 Murder.","sectionRange":null,"content":"

(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, aggravated child abuse under Section 26-15-3.1, or 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 by a person 18 years of age or older, 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. The punishment for murder or any offense committed under aggravated circumstances by a person under the age of 18 years, as provided by Article 2 of Chapter 5, is either life imprisonment without parole, or life, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto and the applicable Alabama Rules of Criminal Procedure.

If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.

","history":"(Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1; Act 2016-29, §2; Act 2016-360, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15751,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15519,"codeId":25041,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Assaults.","title":"Article 2 Assaults.","sectionRange":"§13A-6-20 to §13A-6-30","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15754,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15520,"codeId":25042,"versionId":37355,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-20","shortTitle":"Section 13A-6-20","catchLine":"Assault in the First Degree.","title":"Section 13A-6-20 Assault in the First Degree.","sectionRange":null,"content":"

(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 or she 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 the body of another person, he or she causes such an injury to any person; or

(3) Under circumstances manifesting extreme indifference to the value of human life, he or she 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 or she 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 or 32-5A-191.3, he or she causes serious physical injury to the person of another with a vehicle or vessel.

(b) Assault in the first degree is a Class B felony.

","history":"(Acts 1977, No. 607, p. 812, §2101; Acts 1987, No. 87-712, p. 1259; Act 2014-427, p. 1574, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15755,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15522,"codeId":25045,"versionId":19819,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-22","shortTitle":"Section 13A-6-22","catchLine":"Assault in the Third Degree.","title":"Section 13A-6-22 Assault in the Third Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15757,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15523,"codeId":25046,"versionId":19820,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-23","shortTitle":"Section 13A-6-23","catchLine":"Menacing.","title":"Section 13A-6-23 Menacing.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2110.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15758,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15525,"codeId":25050,"versionId":19823,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-25","shortTitle":"Section 13A-6-25","catchLine":"Criminal Coercion.","title":"Section 13A-6-25 Criminal Coercion.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2125.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15760,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15526,"codeId":28771,"versionId":22530,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-26","shortTitle":"Section 13A-6-26","catchLine":"Compelling Streetgang Membership.","title":"Section 13A-6-26 Compelling Streetgang Membership.","sectionRange":null,"content":"

(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.

(c) The crime of compelling streetgang membership is a Class C felony.

(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.

","history":"(Act 98-490, p. 942, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15761,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15527,"codeId":28772,"versionId":22531,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-27","shortTitle":"Section 13A-6-27","catchLine":"Use of Pepper Spray, Etc.","title":"Section 13A-6-27 Use of Pepper Spray, Etc.","sectionRange":null,"content":"

(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.

","history":"(Act 98-488, p. 932, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15762,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15528,"codeId":31095,"versionId":25925,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-28","shortTitle":"Section 13A-6-28","catchLine":"Cross or American Flag Burning.","title":"Section 13A-6-28 Cross or American Flag Burning.","sectionRange":null,"content":"

(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.

(c) The crime of cross or the American flag burning is a Class C felony.

","history":"(Act 2003-338, p. 845, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15763,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15529,"codeId":31466,"versionId":42730,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-29","shortTitle":"Section 13A-6-29","catchLine":"Administration of Medication by Owner, Operator, or Employee of Child Care Facility.","title":"Section 13A-6-29 Administration of Medication by Owner, Operator, or Employee of Child Care Facility.","sectionRange":null,"content":"

(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 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.

(c) A violation of subsection (b) is punishable as follows:

(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.

","history":"(Act 2004-538, p. 1136, §1; Act 2018-278, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15764,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15530,"codeId":58030,"versionId":49784,"parentId":25041,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-30","shortTitle":"Section 13A-6-30","catchLine":"Chemical Endangerment of a First Responder.","title":"Section 13A-6-30 Chemical Endangerment of a First Responder.","sectionRange":null,"content":"

(a) A person commits the crime of chemical endangerment of a first responder if he or she knowingly, recklessly, or intentionally causes or permits a first responder, as defined in Section 11-98-1, or a coroner or a deputy coroner, to be exposed to, to ingest or inhale, or to have contact with a Schedule I controlled substance, as provided in Section 20-2-23, or chemical substance, as defined in Section 26-15-2, or a mixture or combination thereof while performing his or her duties.

(b) For the purposes of this section, in addition to the definition contained in Section 13A-1-2, “serious physical injury” includes ingestion, inhalation, or contact with fentanyl, any mixture containing fentanyl, any synthetic controlled substance fentanyl, and any synthetic controlled substance fentanyl analogue as described in Sections 20-2-23 and 20-2-25.

(c)(1) Chemical endangerment of a first responder that causes physical injury is a Class C felony.

(2) Chemical endangerment of a first responder that causes serious physical injury is a Class B felony.

(3) Chemical endangerment of a first responder that results in the death of the first responder is a Class A felony.

","history":"(Act 2023-486, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15765,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15531,"codeId":25054,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Kidnapping, Unlawful Imprisonment and Related Offenses.","title":"Article 3 Kidnapping, Unlawful Imprisonment and Related Offenses.","sectionRange":"§13A-6-40 to §13A-6-45","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15766,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15532,"codeId":25056,"versionId":19828,"parentId":25054,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-40","shortTitle":"Section 13A-6-40","catchLine":"Definitions.","title":"Section 13A-6-40 Definitions.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §2201.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15767,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15533,"codeId":25058,"versionId":19830,"parentId":25054,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-41","shortTitle":"Section 13A-6-41","catchLine":"Unlawful Imprisonment in the First Degree.","title":"Section 13A-6-41 Unlawful Imprisonment in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2205.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15768,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15534,"codeId":25060,"versionId":19833,"parentId":25054,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-42","shortTitle":"Section 13A-6-42","catchLine":"Unlawful Imprisonment in the Second Degree.","title":"Section 13A-6-42 Unlawful Imprisonment in the Second Degree.","sectionRange":null,"content":"

(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.

(c) Unlawful imprisonment in the second degree is a Class C misdemeanor.

","history":"(Acts 1977, No. 607, p. 812, §2206.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15769,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15537,"codeId":25067,"versionId":19838,"parentId":25054,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-45","shortTitle":"Section 13A-6-45","catchLine":"Interference with Custody.","title":"Section 13A-6-45 Interference with Custody.","sectionRange":null,"content":"

(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.

(c) Interference with custody is a Class C felony.

","history":"(Acts 1977, No. 607, p. 812, §2215; Acts 1983, No. 83-571, p. 877.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15772,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15538,"codeId":25071,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Sexual Offenses.","title":"Article 4 Sexual Offenses.","sectionRange":"§13A-6-60 to §13A-6-71","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15773,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15539,"codeId":25072,"versionId":43599,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-60","shortTitle":"Section 13A-6-60","catchLine":"Definitions.","title":"Section 13A-6-60 Definitions.","sectionRange":null,"content":"

The following definitions apply in this article:

(1) FORCIBLE COMPULSION. Use or threatened use, whether express or implied, of physical force, violence, confinement, restraint, physical injury, or death to the threatened person or to another person. Factors to be considered in determining an implied threat include, but are not limited to, the respective ages and sizes of the victim and the accused; the respective mental and physical conditions of the victim and the accused; the atmosphere and physical setting in which the incident was alleged to have taken place; the extent to which the accused may have been in a position of authority, domination, or custodial control over the victim; or whether the victim was under duress. Forcible compulsion does not require proof of resistance by the victim.

(2) INCAPACITATED. The term includes any of the following:

a. A person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct.

b. A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.

c. A person who is unable to give consent or who is unable to communicate an unwillingness to an act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.

(3) SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party. The term does not require skin to skin contact.

(4) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.

(5) SODOMY. Any sexual act involving the genitals of one person and the mouth or anus of another person.

","history":"(Acts 1977, No. 607, p. 812, §2301; Acts 1988, No. 88-339, p. 515; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15774,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15541,"codeId":25076,"versionId":43601,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-62","shortTitle":"Section 13A-6-62","catchLine":"Rape in the Second Degree.","title":"Section 13A-6-62 Rape in the Second Degree.","sectionRange":null,"content":"

(a) A person commits the crime of rape in the second degree if, being 16 years old or older, he or she engages in sexual intercourse with another person who is 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.

(b) Rape in the second degree is a Class B felony.

","history":"(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; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15776,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15543,"codeId":25080,"versionId":43603,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-64","shortTitle":"Section 13A-6-64","catchLine":"Sodomy in the Second Degree.","title":"Section 13A-6-64 Sodomy in the Second Degree.","sectionRange":null,"content":"

(a) A person commits the crime of sodomy in the second degree if, being 16 years old or older, he or she engages in sodomy with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.

(b) Sodomy in the second degree is a Class B felony.

","history":"(Acts 1977, No. 607, p. 812, §2316; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §3; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15778,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15544,"codeId":25082,"versionId":43604,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-65","shortTitle":"Section 13A-6-65","catchLine":"Sexual Misconduct.","title":"Section 13A-6-65 Sexual Misconduct.","sectionRange":null,"content":"

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

(1) Engages in sexual intercourse with another person without his or her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with consent where consent was obtained by the use of any fraud or artifice.

(2) Engages in sodomy with another person, without his or her consent, under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64; or with consent where consent was obtained by the use of fraud or artifice.

(3) Engages in sexual contact with another person without his or her consent under circumstances other than those under Sections 13A-6-66, 13A-6-67, and 13A-6-69.1; or with consent where consent was obtained by the use of fraud or artifice.

(b) Sexual misconduct is a Class A misdemeanor.

","history":"(Acts 1977, No. 607, p. 812, §2318; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15779,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15546,"codeId":25088,"versionId":43606,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-66","shortTitle":"Section 13A-6-66","catchLine":"Sexual Abuse in the First Degree.","title":"Section 13A-6-66 Sexual Abuse in the First Degree.","sectionRange":null,"content":"

(a) A person commits the crime of sexual abuse in the first degree if he or she does either of the following:

(1) Subjects another person to sexual contact by forcible compulsion.

(2) Subjects another person to sexual contact who is incapable of consent by reason of being incapacitated.

(b) Sexual abuse in the first degree is a Class C felony.

","history":"(Acts 1977, No. 607, p. 812, §2320; Act 2006-575, p. 1512, §2; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15781,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15547,"codeId":25090,"versionId":43728,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-67","shortTitle":"Section 13A-6-67","catchLine":"Sexual Abuse in the Second Degree.","title":"Section 13A-6-67 Sexual Abuse in the Second Degree.","sectionRange":null,"content":"

(a) A person commits the crime of sexual abuse in the second degree if he or she does either of the following:

(1) Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old.

(2) 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 the second degree is a Class A misdemeanor, except as provided in subsection (c), or 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.

(c) If a person violates subdivision (a)(2), and he or she is at least 15 years older than the victim, the offense shall be a Class C felony.

","history":"(Acts 1977, No. 607, p. 812, §2321; Act 2000-728, p. 1566, §1; Act 2019-465, §1; Act 2019-516, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15782,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15549,"codeId":25096,"versionId":26571,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-69","shortTitle":"Section 13A-6-69","catchLine":"Enticing Child to Enter Vehicle, House, Etc., for Immoral Purposes.","title":"Section 13A-6-69 Enticing Child to Enter Vehicle, House, Etc., for Immoral Purposes.","sectionRange":null,"content":"

(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.

","history":"(Acts 1967, No. 388, p. 976; Code 1975, §13-1-114; Act 2005-301, 1st Sp. Sess., §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15784,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15550,"codeId":31831,"versionId":26984,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-69.1","shortTitle":"Section 13A-6-69.1","catchLine":"Sexual Abuse of a Child Less Than 12 Years Old.","title":"Section 13A-6-69.1 Sexual Abuse of a Child Less Than 12 Years Old.","sectionRange":null,"content":"

(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.

","history":"(Act 2006-575, p. 1512, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15785,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15551,"codeId":25098,"versionId":43608,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-70","shortTitle":"Section 13A-6-70","catchLine":"Lack of Consent.","title":"Section 13A-6-70 Lack of Consent.","sectionRange":null,"content":"

(a) Unless otherwise stated, an element of every offense defined in this article is that the sexual act was committed without the consent of the victim.

(b) Lack of consent results from either of the following:

(1) Forcible compulsion.

(2) Being incapable of consent.

(c) A person is deemed incapable of consent if he or she is either:

(1) Less than 16 years old.

(2) Incapacitated.

(d) Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.

","history":"(Acts 1977, No. 607, p. 812, §2330; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15786,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15552,"codeId":48561,"versionId":43609,"parentId":25071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-71","shortTitle":"Section 13A-6-71","catchLine":"Foster Parent Engaging in a Sex Act, Etc., with a Foster Child.","title":"Section 13A-6-71 Foster Parent Engaging in a Sex Act, Etc., with a Foster Child.","sectionRange":null,"content":"

(a) A person commits the crime of engaging in a sex act with a foster child if he or she is a foster parent and engages in sexual intercourse or sodomy, as defined by Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in a sex act with a foster child is a Class B felony.

(b) A person commits the crime of engaging in a sexual contact with a foster child if he or she is a foster parent and engages in a sexual contact, pursuant to Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in sexual contact with a foster child is a Class C felony.

(c) A person commits the crime of soliciting a sex act or sexual contact with a foster child if he or she is a foster parent and solicits, persuades, encourages, harasses, or entices a foster child under the age of 19 years to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a sex act or sexual contact with a foster child is a Class A misdemeanor.

(d) Consent is not a defense to a charge under subsections (a), (b), or (c).

(e) For the purposes of this section a foster parent is an individual approved or licensed by the Department of Human Resources or other child placing agencies who provides care and supervision to a foster child under the temporary or permanent custody of the department.

","history":"(Act 2016-354, p. 867, §4; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15787,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15553,"codeId":40904,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4A","shortTitle":"Article 4A","catchLine":"Sexual Offenses by School Employees Involving a Student.","title":"Article 4A Sexual Offenses by School Employees Involving a Student.","sectionRange":"§13A-6-80 to §13A-6-83","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15788,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15554,"codeId":40905,"versionId":40374,"parentId":40904,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-80","shortTitle":"Section 13A-6-80","catchLine":"Applicability; Definitions.","title":"Section 13A-6-80 Applicability; Definitions.","sectionRange":null,"content":"

(a) For purposes of this article, school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, adult volunteer in a position of authority or any other school employee who has contact with a student in his or her official capacity as a school employee.

(b) For purposes of this article, a student is defined as any person under the age of 19 years enrolled or attending classes in a licensed or accredited public, private, or church school that offers instruction in grades K-12, regardless of whether school is in session.

","history":"(Act 2010-497, p. 766, §4; Act 2016-354, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15789,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15555,"codeId":40906,"versionId":47814,"parentId":40904,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-81","shortTitle":"Section 13A-6-81","catchLine":"School Employee Engaging in a Sex Act with a Student Who Is Under the Age of 19 Years or Is a Protected Person Under the Age of 22 Years.","title":"Section 13A-6-81 School Employee Engaging in a Sex Act with a Student Who Is Under the Age of 19 Years or Is a Protected Person Under the Age of 22 Years.","sectionRange":null,"content":"

(a) A person commits the crime of a school employee engaging in a sex act with a student under the age of 19 years or engaging in a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual intercourse or sodomy, as defined in Section 13A-6-60, with a student, or student protected person, regardless of whether the student or student protected person is male or female. Consent is not a defense to a charge under this section.

(b) The crime of a school employee engaging in a sex act with a student or student protected person is a Class B felony.

","history":"(Act 2010-497, p. 766, §1; Act 2016-354, p. 867, §2; Act 2019-465, §1; Act 2022-201, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15790,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15556,"codeId":40907,"versionId":47815,"parentId":40904,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-82","shortTitle":"Section 13A-6-82","catchLine":"School Employee Having Sexual Contact with a Student Who Is Under the Age of 19 Years or Is a Protected Person Under the Age of 22 Years.","title":"Section 13A-6-82 School Employee Having Sexual Contact with a Student Who Is Under the Age of 19 Years or Is a Protected Person Under the Age of 22 Years.","sectionRange":null,"content":"

(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years or having sexual contact with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6-60, with a student or student protected person, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student or student protected person is a Class C felony.

(b) A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years or soliciting a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student or student protected person to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a student or a student protected person to perform a sex act is a Class A misdemeanor.

","history":"(Act 2010-497, p. 766, §2; Act 2016-354, p. 867, §2; Act 2018-406, §1(b)(3); Act 2019-465, §1; Act 2022-201, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15791,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15557,"codeId":48560,"versionId":46223,"parentId":40904,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-82.1","shortTitle":"Section 13A-6-82.1","catchLine":"School Employee Distributing or Soliciting Obscene Material to or from a Student.","title":"Section 13A-6-82.1 School Employee Distributing or Soliciting Obscene Material to or from a Student.","sectionRange":null,"content":"

(a) It shall be unlawful for a school employee to do either of the following:

(1) Distribute or transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to a student.

(2) Solicit a student to transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to any person.

(b) A school employee distributing or soliciting obscene material to or from a student in violation of subsection (a) is guilty of a Class A misdemeanor.

","history":"(Act 2016-354, p. 867, §1; Act 2021-538, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15792,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15558,"codeId":40908,"versionId":33083,"parentId":40904,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-83","shortTitle":"Section 13A-6-83","catchLine":"Paid Administrative Leave; Disciplinary Action.","title":"Section 13A-6-83 Paid Administrative Leave; Disciplinary Action.","sectionRange":null,"content":"

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-140 EFFECTIVE FEBRUARY 27, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

","history":"(Act 2010-497, p. 766, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15793,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15559,"codeId":58823,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4B","shortTitle":"Article 4B","catchLine":"Sexual Offenses by Clergy Members Involving a Child.","title":"Article 4B Sexual Offenses by Clergy Members Involving a Child.","sectionRange":"§13A-6-85 to §13A-6-88","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15794,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15560,"codeId":58824,"versionId":50848,"parentId":58823,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-85","shortTitle":"Section 13A-6-85","catchLine":"Definitions.","title":"Section 13A-6-85 Definitions.","sectionRange":null,"content":"

For the purposes of this article the following terms have the following meanings:

(1) CHILD. A person under 19 years of age or a protected person under 22 years of age, as defined in Section 15-25-1.

(2) CLERGY MEMBER. Any of the following in a position of trust or authority over the child: A duly ordained, licensed, or commissioned minister, pastor, priest, rabbi, or practitioner of any bona fide established church or religious organization or any person who regularly, as a vocation, devotes a substantial portion of his or her time and abilities to the service of his or her church or religious organization.

","history":"(Act 2024-189, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15795,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15561,"codeId":58825,"versionId":50849,"parentId":58823,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-86","shortTitle":"Section 13A-6-86","catchLine":"Clergy Member Engaging in Sexual Intercourse or Sodomy with a Child.","title":"Section 13A-6-86 Clergy Member Engaging in Sexual Intercourse or Sodomy with a Child.","sectionRange":null,"content":"

(a) It shall be unlawful for a clergy member to engage in sexual intercourse or sodomy, as defined in Section 13A-6-60, with the child. Consent is not a defense to a charge under this section.

(b) A violation of subsection (a) is a Class B felony.
","history":"(Act 2024-189, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15796,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15562,"codeId":58826,"versionId":50850,"parentId":58823,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-87","shortTitle":"Section 13A-6-87","catchLine":"Clergy Member Engaging in a Sexual Contact with a Child.","title":"Section 13A-6-87 Clergy Member Engaging in a Sexual Contact with a Child.","sectionRange":null,"content":"

(a)(1) It shall be unlawful for a clergy member to engage in sexual contact, as defined in Section 13A-6-60, with the child. Consent is not a defense to a charge under this section.

(2) A violation of subsection (a) is a Class C felony.

(b)(1) It shall be unlawful for a clergy member to solicit, persuade, encourage, harass, or entice a child to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined in Section 13A-6-60. Consent is not a defense to a charge under this section.

(2) A violation of subsection (b) is a Class C felony.

","history":"(Act 2024-189, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15797,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15563,"codeId":58827,"versionId":50851,"parentId":58823,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-88","shortTitle":"Section 13A-6-88","catchLine":"Clergy Member Distributing or Soliciting Obscene Material to or from a Child.","title":"Section 13A-6-88 Clergy Member Distributing or Soliciting Obscene Material to or from a Child.","sectionRange":null,"content":"

(a) It shall be unlawful for a clergy member to do either of the following:

(1) Distribute or transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to a child.

(2) Solicit a child to transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to any person.

(b) A violation of subsection (a) is Class C felony.

","history":"(Act 2024-189, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15798,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15564,"codeId":25102,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Stalking and Aggravated Stalking.","title":"Article 5 Stalking and Aggravated Stalking.","sectionRange":"§13A-6-90 to §13A-6-96","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15799,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15565,"codeId":25104,"versionId":34516,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-90","shortTitle":"Section 13A-6-90","catchLine":"Stalking in the First Degree.","title":"Section 13A-6-90 Stalking in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §1; Act 2012-380, p. 1004, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15800,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15567,"codeId":25106,"versionId":34517,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-91","shortTitle":"Section 13A-6-91","catchLine":"Aggravated Stalking in the First Degree.","title":"Section 13A-6-91 Aggravated Stalking in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §2; Act 2012-380, p. 1004, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15802,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15568,"codeId":42394,"versionId":34691,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-91.1","shortTitle":"Section 13A-6-91.1","catchLine":"Aggravated Stalking in the Second Degree.","title":"Section 13A-6-91.1 Aggravated Stalking in the Second Degree.","sectionRange":null,"content":"

(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.

","history":"(Act 2012-380, p. 1004, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15803,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15569,"codeId":25107,"versionId":49885,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-92","shortTitle":"Section 13A-6-92","catchLine":"Definitions.","title":"Section 13A-6-92 Definitions.","sectionRange":null,"content":"

As used in this article, the following terms have the following meanings:

(1) COURSE OF CONDUCT. A pattern of conduct composed of a series of acts over a period of time which evidences a continuity of purpose.

(2) 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.

(3) ELECTRONIC TRACKING DEVICE. An electronic or mechanical device that permits the tracking of the movement of a person or object.

(4) 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.

(5) OWNER. An individual, other than the defendant, who has possession of or any other interest in the property involved and without whose consent the defendant has no authority to exert control over the property.

","history":"(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §3; Acts 1994, No. 94-305, §1; Act 2023-481, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15804,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15570,"codeId":25109,"versionId":19856,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-93","shortTitle":"Section 13A-6-93","catchLine":"Relationship to Other Laws.","title":"Section 13A-6-93 Relationship to Other Laws.","sectionRange":null,"content":"

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.

","history":"(Acts 1992, 2nd Ex. Sess., No. 92-675, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15805,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15571,"codeId":25110,"versionId":19857,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-94","shortTitle":"Section 13A-6-94","catchLine":"Article Construed to Sustain Constitutionality.","title":"Section 13A-6-94 Article Construed to Sustain Constitutionality.","sectionRange":null,"content":"

This article shall be construed and, if necessary, reconstrued to sustain its constitutionality.

","history":"(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15806,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15572,"codeId":58052,"versionId":49887,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-95","shortTitle":"Section 13A-6-95","catchLine":"Electronic Stalking in the First Degree.","title":"Section 13A-6-95 Electronic Stalking in the First Degree.","sectionRange":null,"content":"

(a) A person who, without the consent of the owner or except as otherwise authorized by law, places any electronic tracking device on the property of another person with the intent to surveil, stalk, or harass, or for any other unlawful purpose, is guilty of the crime of electronic stalking in the first degree.

(b)(1) Except as otherwise provided in subdivision (2), a violation of this section is a Class C felony.

(2) A person who violates this section and whose conduct violates an existing domestic violence protection order, elder abuse protection order, temporary restraining order, or any other court order, shall be guilty of a Class B felony.

(c) In any criminal proceeding brought pursuant to this section, the crime shall be considered to have been committed in all of the following:

(1) The county in which any part of the crime took place.

(2) The county where the electronic tracking device was discovered.

(3) The county of residence of the owner of the property.

(d) The statute of limitations shall begin at the time of the discovery of the electronic tracking device.

","history":"(Act 2023-481, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15807,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15573,"codeId":58053,"versionId":49888,"parentId":25102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-96","shortTitle":"Section 13A-6-96","catchLine":"Electronic Stalking in the Second Degree.","title":"Section 13A-6-96 Electronic Stalking in the Second Degree.","sectionRange":null,"content":"

(a) A person who, without the consent of the owner or except as otherwise authorized by law, places any electronic tracking device on the property of another person is guilty of the crime of electronic stalking in the second degree.

(b) A violation of this section is a Class A misdemeanor.

(c) In any criminal proceeding brought pursuant to this section, the crime shall be considered to have been committed in all of the following:

(1) The county in which any part of the crime took place.

(2) The county where the electronic tracking device was discovered.

(3) The county of residence of the owner of the property.

(d) The statute of limitations shall begin at the time of the discovery of the electronic tracking device.

","history":"(Act 2023-481, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15808,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15574,"codeId":28899,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Sex Offenses by Computer Use Involving a Child.","title":"Article 6 Sex Offenses by Computer Use Involving a Child.","sectionRange":"§13A-6-110 to §13A-6-114","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15809,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15575,"codeId":28900,"versionId":22632,"parentId":28899,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-110","shortTitle":"Section 13A-6-110","catchLine":"Soliciting a Child by Computer.","title":"Section 13A-6-110 Soliciting a Child by Computer.","sectionRange":null,"content":"

Repealed by Act 2009-745, p. 2233, §9, effective May 22, 2009.

","history":"(Acts 1997, No. 97-486, p. 844, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15810,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15577,"codeId":28902,"versionId":22634,"parentId":28899,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-112","shortTitle":"Section 13A-6-112","catchLine":"No Violation of Article.","title":"Section 13A-6-112 No Violation of Article.","sectionRange":null,"content":"

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.

","history":"(Acts 1997, No. 97-486, p. 844, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15812,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15578,"codeId":28903,"versionId":22635,"parentId":28899,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-113","shortTitle":"Section 13A-6-113","catchLine":"No Liability for Employer.","title":"Section 13A-6-113 No Liability for Employer.","sectionRange":null,"content":"

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.

","history":"(Acts 1997, No. 97-486, p. 844, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15813,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15579,"codeId":38261,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6A","shortTitle":"Article 6A","catchLine":"Solicitation of Children by Electronic Means.","title":"Article 6A Solicitation of Children by Electronic Means.","sectionRange":"§13A-6-120 to §13A-6-127","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15815,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15580,"codeId":38262,"versionId":30912,"parentId":38261,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-120","shortTitle":"Section 13A-6-120","catchLine":"Definitions.","title":"Section 13A-6-120 Definitions.","sectionRange":null,"content":"

For the purposes of this article, a child is defined as a person under 16 years of age.

","history":"(Act 2009-745, p. 2233, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15816,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15581,"codeId":38263,"versionId":30913,"parentId":38261,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-121","shortTitle":"Section 13A-6-121","catchLine":"Facilitating Solicitation of Unlawful Sexual Conduct with a Child.","title":"Section 13A-6-121 Facilitating Solicitation of Unlawful Sexual Conduct with a Child.","sectionRange":null,"content":"

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.

","history":"(Act 2009-745, p. 2233, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15817,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15582,"codeId":38264,"versionId":43612,"parentId":38261,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-122","shortTitle":"Section 13A-6-122","catchLine":"Electronic Solicitation of a Child.","title":"Section 13A-6-122 Electronic Solicitation of a Child.","sectionRange":null,"content":"

A person who knowingly 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, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation, or directs a child to engage in sexual intercourse, sodomy, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation is guilty of electronic solicitation of a child. Any person who violates this section commits a Class B felony.

","history":"(Act 2009-745, p. 2233, §3; Act 2017-414, §5; Act 2019-465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15818,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15583,"codeId":38265,"versionId":30914,"parentId":38261,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-123","shortTitle":"Section 13A-6-123","catchLine":"Facilitating the On-Line Solicitation of a Child.","title":"Section 13A-6-123 Facilitating the On-Line Solicitation of a Child.","sectionRange":null,"content":"

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.

","history":"(Act 2009-745, p. 2233, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15819,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15585,"codeId":38267,"versionId":30916,"parentId":38261,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-125","shortTitle":"Section 13A-6-125","catchLine":"Facilitating the Travel of a Child for an Unlawful Sex Act.","title":"Section 13A-6-125 Facilitating the Travel of a Child for an Unlawful Sex Act.","sectionRange":null,"content":"

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.

","history":"(Act 2009-745, p. 2233, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15821,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15586,"codeId":38268,"versionId":30917,"parentId":38261,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-126","shortTitle":"Section 13A-6-126","catchLine":"Jurisdiction.","title":"Section 13A-6-126 Jurisdiction.","sectionRange":null,"content":"

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.

","history":"(Act 2009-745, p. 2233, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15822,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15587,"codeId":38269,"versionId":30918,"parentId":38261,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-127","shortTitle":"Section 13A-6-127","catchLine":"Defenses.","title":"Section 13A-6-127 Defenses.","sectionRange":null,"content":"

(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.

","history":"(Act 2009-745, p. 2233, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15823,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15588,"codeId":29716,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Domestic Violence in 1st, 2nd, and 3rd Degrees.","title":"Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees.","sectionRange":"§13A-6-130 to §13A-6-139.2","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15824,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15589,"codeId":29717,"versionId":50015,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-130","shortTitle":"Section 13A-6-130","catchLine":"Domestic Violence - First Degree.","title":"Section 13A-6-130 Domestic Violence - First Degree.","sectionRange":null,"content":"

(a)(1) 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; aggravated stalking pursuant to Section 13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.

(2) For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.

(b) 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.

(c) The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following occurs:

(1) 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.

(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.

(d) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.

","history":"(Act 2000-266, p. 411, §1; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2018-538, §1; Act 2019-252, §1; Act 2023-494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15825,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15590,"codeId":29718,"versionId":50016,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-131","shortTitle":"Section 13A-6-131","catchLine":"Domestic Violence - Second Degree.","title":"Section 13A-6-131 Domestic Violence - Second Degree.","sectionRange":null,"content":"

(a)(1) 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, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.

(2) For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.

(b) 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.

(c) The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following applies:

(1) 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 second degree.

(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.

(d) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.

","history":"(Act 2000-266, p. 411, §2; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2018-538, §1; Act 2019-252, §1; Act 2023-494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15826,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15591,"codeId":29719,"versionId":50017,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-132","shortTitle":"Section 13A-6-132","catchLine":"Domestic Violence - Third Degree.","title":"Section 13A-6-132 Domestic Violence - Third Degree.","sectionRange":null,"content":"

(a)(1) 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, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.

(2) For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.

(b) Domestic violence in the third degree is a Class A misdemeanor. 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) If the defendant has a previous conviction for domestic violence in the first degree pursuant to Section 13A-6-130, domestic violence in the second degree pursuant to Section 13A-6-131, domestic violence by strangulation or suffocation pursuant to Section 13A-6-138, or a domestic violence conviction or other substantially similar conviction from another state or jurisdiction, a conviction under subsection (a) is a Class C felony.

(f) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.

","history":"(Act 2000-266, p. 411, §3; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15827,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15592,"codeId":29720,"versionId":33539,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-133","shortTitle":"Section 13A-6-133","catchLine":"Arrest Without Warrant - Generally.","title":"Section 13A-6-133 Arrest Without Warrant - Generally.","sectionRange":null,"content":"

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.

","history":"(Act 2000-266, p. 411, §4; Act 2011-581, p. 1273, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15828,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15593,"codeId":29721,"versionId":43469,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-134","shortTitle":"Section 13A-6-134","catchLine":"Arrest Without Warrant - Determination of Predominant Aggressor; Notice Requirements; Liability of Officer.","title":"Section 13A-6-134 Arrest Without Warrant - Determination of Predominant Aggressor; Notice Requirements; Liability of Officer.","sectionRange":null,"content":"

(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, that person may be arrested; however, a person who acts in a reasonable manner to protect himself or herself or another family or household member from domestic violence may not be arrested for a violation of Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138. 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 the person had reasonable cause to believe he or she was in imminent danger of becoming a victim of any act of domestic violence.

(5) 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.

(c)(1) In addition to victim information services required pursuant to Section 15-23-62, a law enforcement officer, at the time of initial investigation, shall give a victim of domestic violence notice of the legal rights and remedies available on a standard form developed and distributed by the Alabama State Law Enforcement Agency pursuant to subdivision (2).

(2) The agency shall develop a “Legal Rights and Remedies Notice to Victims” that includes a general summary of the provisions of the Protection From Abuse Act using language a layperson may understand and the statewide domestic violence hotline number, and shall distribute the notice to all law enforcement agencies throughout the state.

(d) A law enforcement officer is not liable in any civil action filed by any party for an arrest based on probable cause, enforcement of a court order, or service of process arising from an alleged incident of domestic violence, pursuant to Sections 36-1-12 and 6-5-338, as applicable.

","history":"(Act 2000-266, p. 411, §5; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15829,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15594,"codeId":29722,"versionId":24455,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-135","shortTitle":"Section 13A-6-135","catchLine":"Relation to Abuse Laws.","title":"Section 13A-6-135 Relation to Abuse Laws.","sectionRange":null,"content":"

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.

","history":"(Act 2000-266, p. 411, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15830,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15595,"codeId":29723,"versionId":24456,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-136","shortTitle":"Section 13A-6-136","catchLine":"Relation to Domestic or Family Abuse Laws.","title":"Section 13A-6-136 Relation to Domestic or Family Abuse Laws.","sectionRange":null,"content":"

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.

","history":"(Act 2000-266, p. 411, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15831,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15596,"codeId":41551,"versionId":33845,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-137","shortTitle":"Section 13A-6-137","catchLine":"Interference with a Domestic Violence Emergency Call.","title":"Section 13A-6-137 Interference with a Domestic Violence Emergency Call.","sectionRange":null,"content":"

(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.

","history":"(Act 2011-581, p. 1273, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15832,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15597,"codeId":41552,"versionId":50018,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-138","shortTitle":"Section 13A-6-138","catchLine":"Domestic Violence by Strangulation or Suffocation.","title":"Section 13A-6-138 Domestic Violence by Strangulation or Suffocation.","sectionRange":null,"content":"

(a) For the purposes of this section, the following terms have the following meanings:

(1) 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.

(2) 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.

(b) A person commits the crime of domestic violence by strangulation or suffocation if he or she 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 and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.

(c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.

","history":"(Act 2011-581, p. 1273, §3; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15833,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15598,"codeId":41553,"versionId":33846,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-139","shortTitle":"Section 13A-6-139","catchLine":"Costs of Prosecution or Warrant Recall of Domestic Violence, Stalking, or Sexual Assault Offenses.","title":"Section 13A-6-139 Costs of Prosecution or Warrant Recall of Domestic Violence, Stalking, or Sexual Assault Offenses.","sectionRange":null,"content":"

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.

","history":"(Act 2011-581, p. 1273, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15834,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15599,"codeId":47239,"versionId":39321,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-139.1","shortTitle":"Section 13A-6-139.1","catchLine":"Definitions.","title":"Section 13A-6-139.1 Definitions.","sectionRange":null,"content":"

Repealed by Act 2019-252, §2, effective May 23, 2019.

","history":"(Act 2015-493, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15835,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15600,"codeId":47240,"versionId":39322,"parentId":29716,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-139.2","shortTitle":"Section 13A-6-139.2","catchLine":"Recordkeeping.","title":"Section 13A-6-139.2 Recordkeeping.","sectionRange":null,"content":"

Each agency in the state that is involved with the enforcement, monitoring, or prosecution of crimes of domestic violence shall collect and maintain records of each domestic violence incident for access by investigators preparing for bond hearings and prosecutions for acts of domestic violence.

","history":"(Act 2015-493, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15836,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15601,"codeId":41297,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7A","shortTitle":"Article 7A","catchLine":"Domestic Violence Protection Order Enforcement Act.","title":"Article 7A Domestic Violence Protection Order Enforcement Act.","sectionRange":"§13A-6-140 to §13A-6-143","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15837,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15602,"codeId":41298,"versionId":38789,"parentId":41297,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-140","shortTitle":"Section 13A-6-140","catchLine":"Short Title; Purpose.","title":"Section 13A-6-140 Short Title; Purpose.","sectionRange":null,"content":"

(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 protection order.

","history":"(Acts 1993, No. 93-325, p. 495, §1; §30-5A-1; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15838,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15603,"codeId":41299,"versionId":38790,"parentId":41297,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-141","shortTitle":"Section 13A-6-141","catchLine":"Definitions.","title":"Section 13A-6-141 Definitions.","sectionRange":null,"content":"

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) DOMESTIC VIOLENCE PROTECTION ORDER. A domestic violence protection order is any protection from abuse 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 protection order or any willful failure to abide by its terms.

","history":"(Acts 1993, No. 93-325, p. 495, §2; §30-5A-2; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15839,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15605,"codeId":41301,"versionId":38791,"parentId":41297,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-143","shortTitle":"Section 13A-6-143","catchLine":"Arrest for Violation of Article.","title":"Section 13A-6-143 Arrest for Violation of Article.","sectionRange":null,"content":"

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 protection order, whether temporary or permanent. The presentation of a domestic violence protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this article, the domestic violence protection 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 protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence protection 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 protection 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 protection 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 protection order cannot be enforced because the defendant has not been notified or served with the domestic violence protection 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 protection order to the defendant, the officer shall document this fact in the written report.

","history":"(Acts 1993, No. 93-325, p. 495, §4, §30-5A-4; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15841,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15606,"codeId":41014,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Human Trafficking.","title":"Article 8 Human Trafficking.","sectionRange":"§13A-6-150 to §13A-6-163","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15842,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15607,"codeId":41015,"versionId":33163,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-150","shortTitle":"Section 13A-6-150","catchLine":"Short Title.","title":"Section 13A-6-150 Short Title.","sectionRange":null,"content":"

This article shall be known and may be cited as the Representatives Jack Williams and Merika Coleman Act.

","history":"(Act 2010-705, p. 1708, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15843,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15608,"codeId":41016,"versionId":48019,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-151","shortTitle":"Section 13A-6-151","catchLine":"Definitions.","title":"Section 13A-6-151 Definitions.","sectionRange":null,"content":"

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, mental suffering, physical restraint, or confinement.

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. Use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person or another person to take some action or refrain from taking some action.

g. Controlling a person’s access to medications or a controlled substance, as the term is defined in Section 20-2-2.

h. Rape, sodomy, or any other sex offense pursuant to Section 15-20A-5, or attempted or threatened rape, sodomy, or any other sex offense pursuant to Section 15-20A-5 of any person.

(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 that 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 19.

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

(7) SEXUAL CONDUCT. Any of the following acts:

a. Sexual Intercourse. This term shall have its ordinary meaning and occurs upon a penetration, however slight; emission is not required.

b. Sodomy. As defined under Section 13A-6-60.

c. Sexual Contact. As defined under Section 13A-6-60.

d. Sexual Torture. As defined under Section 13A-6-65.1.

e. Sexually Explicit Performances. 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.

f. Commercial Sex Acts. Any sex act on account of which anything of value is given, promised to, or received, directly or indirectly, by any person.

(8) SEXUAL SERVITUDE.

a. Except as provided in paragraph b., any sexual conduct 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. If the sexual conduct is with a minor or with any person who is incapable of consent by reason of being incapacitated, as defined in Section 13A-6-60, no coercion or deception is required.

(9) TRAFFICKING VICTIM. Any person, including minors, subjected to labor servitude, sexual servitude, or involuntary servitude.

","history":"(Act 2010-705, p. 1708, §2; Act 2018-506, §1; Act 2022-435, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15844,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15609,"codeId":41017,"versionId":50793,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-152","shortTitle":"Section 13A-6-152","catchLine":"Human Trafficking in the First Degree.","title":"Section 13A-6-152 Human Trafficking in the First Degree.","sectionRange":null,"content":"

(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;

(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; or

(3) He or she knowingly gives, or attempts to give, monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor.

(b) 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.

(c) 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.

(d) 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 felony.

(e) Human trafficking in the first degree is a Class A felony. In any prosecution under this section where the defendant is nineteen years old or older and there is a minor trafficking victim, the court shall sentence the defendant to a minimum of life imprisonment.

","history":"(Act 2010-705, p. 1708, §3; Act 2018-385, §1; Act 2018-506, §1; Act 2024-87, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15845,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15611,"codeId":41019,"versionId":33164,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-154","shortTitle":"Section 13A-6-154","catchLine":"Evidence of Certain Facts or Conditions Not Deemed a Defense.","title":"Section 13A-6-154 Evidence of Certain Facts or Conditions Not Deemed a Defense.","sectionRange":null,"content":"

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.

","history":"(Act 2010-705, p. 1708, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15847,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15612,"codeId":41020,"versionId":33165,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-155","shortTitle":"Section 13A-6-155","catchLine":"Mandatory Restitution.","title":"Section 13A-6-155 Mandatory Restitution.","sectionRange":null,"content":"

(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.

","history":"(Act 2010-705, p. 1708, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15848,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15613,"codeId":41021,"versionId":33166,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-156","shortTitle":"Section 13A-6-156","catchLine":"Forfeiture of Profits or Proceeds and Interest in Property.","title":"Section 13A-6-156 Forfeiture of Profits or Proceeds and Interest in Property.","sectionRange":null,"content":"

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.

","history":"(Act 2010-705, p. 1708, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15849,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15614,"codeId":41022,"versionId":42908,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-157","shortTitle":"Section 13A-6-157","catchLine":"Civil Action by Victims; Venue; Relief Awarded.","title":"Section 13A-6-157 Civil Action by Victims; Venue; Relief Awarded.","sectionRange":null,"content":"

(a) An individual who is a victim of human trafficking may bring a civil action in the appropriate state court.

(b) Venue for any action brought under this section shall be in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.

(c) 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.

(d) The court shall award a prevailing plaintiff attorney’s fees and costs.

(e) Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the office of the Attorney General and, upon entry of any injunction, judgment, or decree in the action, shall mail a copy of the injunction, judgment, or decree to the office of the Attorney General.

(f) This section does not preclude any other remedy available to the victim under federal law or the laws of this state.

","history":"(Act 2010-705, p. 1708, §8; Act 2018-506, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15850,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15615,"codeId":51053,"versionId":43276,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-157.1","shortTitle":"Section 13A-6-157.1","catchLine":"Action by Attorney General; Venue.","title":"Section 13A-6-157.1 Action by Attorney General; Venue.","sectionRange":null,"content":"

(a) In addition to any other remedy under this article, if the Attorney General has reason to believe that any person, corporation, or any other legal entity is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this article, the Attorney General may bring an action in the name of the state in the appropriate state court against the person, corporation, or entity to restrain by temporary restraining order, or temporary or permanent injunction, the acts or practices.

(b) In addition to any other remedy under this article, the Attorney General may bring a civil action on behalf of the state in the appropriate state court to recover actual damages for victims of acts or practices performed in violation of this article.

(c) Venue for any action brought under this section is in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.

","history":"(Act 2018-506, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15851,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15616,"codeId":41023,"versionId":42909,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-158","shortTitle":"Section 13A-6-158","catchLine":"Limitation Period.","title":"Section 13A-6-158 Limitation Period.","sectionRange":null,"content":"

(a)(1) Except as provided in subsection (c), 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 19 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.

(c) There shall be no limitation period for civil actions brought under this article by the Attorney General.

","history":"(Act 2010-705, p. 1708, §9; Act 2018-506, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15852,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15617,"codeId":41024,"versionId":33167,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-159","shortTitle":"Section 13A-6-159","catchLine":"Affirmative Defense.","title":"Section 13A-6-159 Affirmative Defense.","sectionRange":null,"content":"

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.

","history":"(Act 2010-705, p. 1708, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15853,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15618,"codeId":41025,"versionId":33168,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-160","shortTitle":"Section 13A-6-160","catchLine":"Concurrent Prosecuting Authority; Separate Offenses.","title":"Section 13A-6-160 Concurrent Prosecuting Authority; Separate Offenses.","sectionRange":null,"content":"

(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.

","history":"(Act 2010-705, p. 1708, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15854,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15619,"codeId":51054,"versionId":43277,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-161","shortTitle":"Section 13A-6-161","catchLine":"Subpoena Power of Attorney General; Discovery.","title":"Section 13A-6-161 Subpoena Power of Attorney General; Discovery.","sectionRange":null,"content":"

Before the Attorney General commences any action under this article, the Attorney General may issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this article. The subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena, the Attorney General may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure.

","history":"(Act 2018-506, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15855,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15620,"codeId":51055,"versionId":43278,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-162","shortTitle":"Section 13A-6-162","catchLine":"Violations; Penalties.","title":"Section 13A-6-162 Violations; Penalties.","sectionRange":null,"content":"

(a) Any person, corporation, or other legal entity who engages in any act or practice that violates this article is liable for a civil penalty of up to fifty thousand dollars ($50,000) for each violation.

(b) Any person, corporation, or other legal entity who violates the terms of an injunction or order issued under this article shall forfeit and pay a civil penalty of not more than seventy-five thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose of this section, any court issuing an injunction or order under this article shall retain jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.

(c) Upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (b), and upon petition by the Attorney General, the circuit court of general jurisdiction of a county may order the dissolution or suspension or forfeiture of the franchise of any corporation, partnership, or sole proprietorship that willfully violates the terms of any injunction issued pursuant to this article.

(d) In any successful action brought by the Attorney General under this section, the court shall award the office of the Attorney General reasonable attorney’s fees and costs.

(e) All penalties recovered in actions brought under this section shall be deposited into the State Treasury to the credit of the Attorney General’s Special Revenue Account for the purpose of implementing and enforcing this article. Amounts deposited into the Special Revenue Account shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.

","history":"(Act 2018-506, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15856,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15621,"codeId":51059,"versionId":43282,"parentId":41014,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-163","shortTitle":"Section 13A-6-163","catchLine":"Prosecution of Human Trafficking Offenses Against Minors.","title":"Section 13A-6-163 Prosecution of Human Trafficking Offenses Against Minors.","sectionRange":null,"content":"

(a) Any violation of this article or any violation of Section 13A-12-111, 13A-12-112, 13A-12-113, 13A-12-121, or 13A-12-121.1, may only be prosecuted in circuit or district court.

(b) Notwithstanding any provision of law to the contrary, this section supersedes any law or ordinance that provides for the prosecution of the offenses included in subsection (a) in municipal court.

","history":"(Act 2018-506, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15857,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15622,"codeId":42341,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8A","shortTitle":"Article 8A","catchLine":"National Human Trafficking Resource Center Hotline Notice.","title":"Article 8A National Human Trafficking Resource Center Hotline Notice.","sectionRange":"§13A-6-170","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15858,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15623,"codeId":42342,"versionId":34652,"parentId":42341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-170","shortTitle":"Section 13A-6-170","catchLine":"Posting of National Human Trafficking Resource Center Hotline in Certain Establishments.","title":"Section 13A-6-170 Posting of National Human Trafficking Resource Center Hotline in Certain Establishments.","sectionRange":null,"content":"

(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.

","history":"(Act 2012-265, p. 511, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15859,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15624,"codeId":48491,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8B","shortTitle":"Article 8B","catchLine":"Alabama Human Trafficking Safe Harbor Act.","title":"Article 8B Alabama Human Trafficking Safe Harbor Act.","sectionRange":"§13A-6-180 to §13A-6-184","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15860,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15625,"codeId":48492,"versionId":40563,"parentId":48491,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-180","shortTitle":"Section 13A-6-180","catchLine":"Short Title.","title":"Section 13A-6-180 Short Title.","sectionRange":null,"content":"

This article and Sections 12-15-701, 13A-12-123, and 15-5-61 shall be known and may be cited as the Alabama Human Trafficking Safe Harbor Act.

","history":"(Act 2016-282, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15861,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15626,"codeId":48493,"versionId":40564,"parentId":48491,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-181","shortTitle":"Section 13A-6-181","catchLine":"Fines; Counseling or Educational Training Programs; Pretrial Diversion Program.","title":"Section 13A-6-181 Fines; Counseling or Educational Training Programs; Pretrial Diversion Program.","sectionRange":null,"content":"

(a)(1) Notwithstanding any other fines, restitution, court costs, or docket fees, upon conviction for the offense of promoting prostitution under Division 1 of Article 3 of Chapter 12, or a violation of subsection (b) or (d) of Section 13A-12-121, a mandatory fine of five hundred dollars ($500) shall be assessed. The court shall order the five hundred dollar ($500) fine to be paid to the clerk of court to be distributed to a court-certified therapeutic counseling entity that provides education, treatment, and prevention counseling to adult persons convicted of prostitution offenses.

(2) Any fine imposed by the court for a second or subsequent conviction under subdivision (1) shall increase by 50 percent for each subsequent conviction through a fourth conviction.

(b) A court may order an adult person convicted of an offense under Division 1 of Article 3 of Chapter 12 or subsection (b) or (d) of Section 13A-12-121 to successfully attend counseling or an educational training program designed to reduce recidivism rates for these violations. Attendance of such programs shall be at the cost and expense of the person convicted of the offense.

(c) An adult person who is charged with an offense under subsection (b) or (d) of Section 13A-12-121 and has no prior arrest or convictions for an offense under Sections 13A-12-111, 13A-12-112, 13A-12-113, and 13A-12-121, or an offense in any other state that has the same or similar elements as those sections, may be accepted into a pretrial diversion program, provided the adult person satisfied the requirements of subsections (a) and (b), as well as any other conditions imposed pursuant to the pretrial diversion program.

(d) Under no circumstance may an adult person be admitted into a pretrial diversion program if he or she has been previously convicted of an offense under Sections 13A-12-111, 13A-12-112, 13A-12-113, and 13A-12-121, or an offense in any other state which has the same or similar elements as those sections.

(e) A person charged with an offense defined under 13A-12-120, in violation of subsection (a) or (c) of Section 13A-12-121, may be accepted in a pretrial diversion program, provided that he or she meets the requirements of a pretrial diversion program within the jurisdiction where the offense occurred.

","history":"(Act 2016-282, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15862,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15627,"codeId":48494,"versionId":40565,"parentId":48491,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-182","shortTitle":"Section 13A-6-182","catchLine":"Prosecution of Misdemeanor Prostitution Offenses.","title":"Section 13A-6-182 Prosecution of Misdemeanor Prostitution Offenses.","sectionRange":null,"content":"

Notwithstanding Section 12-14-1, a misdemeanor offense under Article 3 of Chapter 12 of this title, relating to prostitution offenses, including the attempt of any of the misdemeanor offenses included in Article 13, shall be prosecuted in the district court in the county where the offense occurred.

","history":"(Act 2016-282, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15863,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15628,"codeId":48495,"versionId":40566,"parentId":48491,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-183","shortTitle":"Section 13A-6-183","catchLine":"Custody of Arrestee; Access to Resources; Photographs.","title":"Section 13A-6-183 Custody of Arrestee; Access to Resources; Photographs.","sectionRange":null,"content":"

(a) For the safety and well-being of a person arrested for the crime of prostitution under Division 2 of Article 3 of Chapter 12 he or she may be held in custody for up to 72 hours. The person shall be brought before a court of competent jurisdiction as soon as possible within a 48-hour period to conduct an inquiry into the person’s access to resources, such as, but not limited to, health care, shelter, mental health counseling, or financial aid. The court may issue an order to assist the person in obtaining the services and resources needed pursuant to the court’s inquiry.

(b) A photograph of a person taken by a law enforcement agency upon the arrest of a person for the crime of prostitution under Division 2 of Article 3 of Chapter 12, is not a public record and may not be published in any printed or electronic media or provided to any person without an order of a district court judge with jurisdiction over the person’s criminal case.

","history":"(Act 2016-282, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15864,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15629,"codeId":48496,"versionId":40567,"parentId":48491,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-184","shortTitle":"Section 13A-6-184","catchLine":"Registration of Escort Business of Companionship.","title":"Section 13A-6-184 Registration of Escort Business of Companionship.","sectionRange":null,"content":"

(a) By August 31, 2016, a domestic or interstate business engaging in an escort business of companionship in this state must register with the Secretary of State.

(b)(1) A violation of subsection (a) is a Class A misdemeanor.

(2) A second or subsequent violation of subsection (a) is a Class D felony.

","history":"(Act 2016-282, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15865,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15630,"codeId":45183,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"9","shortTitle":"Article 9","catchLine":"Protecting Alabama’s Elders Act.","title":"Article 9 Protecting Alabama’s Elders Act.","sectionRange":"§13A-6-190 to §13A-6-201","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15866,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15631,"codeId":45184,"versionId":37302,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-190","shortTitle":"Section 13A-6-190","catchLine":"Short Title.","title":"Section 13A-6-190 Short Title.","sectionRange":null,"content":"

This chapter shall be known and may be cited as the Protecting Alabama’s Elders Act.

","history":"(Act 2013-307, §1; §38-9E-1; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15867,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15632,"codeId":45185,"versionId":37303,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-191","shortTitle":"Section 13A-6-191","catchLine":"Definitions.","title":"Section 13A-6-191 Definitions.","sectionRange":null,"content":"

For purposes of this chapter, the following terms shall have the following meanings:

(1) CAREGIVER. An individual who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.

(2) DECEPTION. 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.

b. Fails to correct a false impression which the defendant previously has created or confirmed.

c. Fails to correct a false impression when the defendant is under a duty to do so.

d. Prevents another from acquiring information pertinent to the disposition of the property involved.

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, whether that impediment is or is not valid, or is not a matter of official record.

f. Promises performance which the defendant does not intend to perform or knows will not be performed.

(3) ELDERLY PERSON. A person 60 years of age or older.

(4) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person.

(5) FINANCIAL EXPLOITATION. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s property with the intent to deprive the elderly person of his or her property or the breach of a fiduciary duty to an elderly person by the person’s guardian, conservator, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of the elderly person’s property.

(6) INTIMIDATION. A threat of physical or emotional harm to an elderly person, or the communication to an elderly person that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.

(7) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an elderly person.

(8) PERSON. A human being.

(9) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an elderly person is prevented from exercising free judgment and choice.

","history":"(Act 2013-307, §2; §38-9E-2; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15868,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15633,"codeId":45186,"versionId":37304,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-192","shortTitle":"Section 13A-6-192","catchLine":"Elder Abuse and Neglect - First Degree.","title":"Section 13A-6-192 Elder Abuse and Neglect - First Degree.","sectionRange":null,"content":"

(a) A person commits the crime of elder abuse and neglect in the first degree if he or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(b) Elder abuse and neglect in the first degree is a Class A felony.

","history":"(Act 2013-307, §3; §38-9E-3; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15869,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15634,"codeId":45187,"versionId":37305,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-193","shortTitle":"Section 13A-6-193","catchLine":"Elder Abuse and Neglect - Second Degree.","title":"Section 13A-6-193 Elder Abuse and Neglect - Second Degree.","sectionRange":null,"content":"

(a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:

(1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.

(2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.

(b) Elder abuse and neglect in the second degree is a Class B felony.

","history":"(Act 2013-307, §4; §38-9E-4; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15870,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15635,"codeId":45188,"versionId":37306,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-194","shortTitle":"Section 13A-6-194","catchLine":"Elder Abuse and Neglect - Third Degree.","title":"Section 13A-6-194 Elder Abuse and Neglect - Third Degree.","sectionRange":null,"content":"

(a) A person commits the crime of elder abuse and neglect in the third degree if he or she does any of the following:

(1) Recklessly abuses or neglects any elderly person and the abuse or neglect causes physical injury.

(2) Recklessly emotionally abuses any elderly person.

(b) Elder abuse and neglect in the third degree is a Class A misdemeanor.

","history":"(Act 2013-307, §5; §38-9E-5; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15871,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15636,"codeId":45189,"versionId":37307,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-195","shortTitle":"Section 13A-6-195","catchLine":"Financial Exploitation of an Elderly Person - First Degree.","title":"Section 13A-6-195 Financial Exploitation of an Elderly Person - First Degree.","sectionRange":null,"content":"

(a) The financial exploitation of an elderly person in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the first degree.

(b) Financial exploitation of an elderly person in the first degree is a Class B felony.

","history":"(Act 2013-307, §6; §38-9E-6; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15872,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15637,"codeId":45190,"versionId":37308,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-196","shortTitle":"Section 13A-6-196","catchLine":"Financial Exploitation of an Elderly Person - Second Degree.","title":"Section 13A-6-196 Financial Exploitation of an Elderly Person - Second Degree.","sectionRange":null,"content":"

(a) The financial exploitation of an elderly person in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the second degree.

(b) Financial exploitation of an elderly person in the second degree is a Class C felony.

","history":"(Act 2013-307, §7; §38-9E-7; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15873,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15638,"codeId":45191,"versionId":37309,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-197","shortTitle":"Section 13A-6-197","catchLine":"Financial Exploitation of an Elderly Person - Third Degree.","title":"Section 13A-6-197 Financial Exploitation of an Elderly Person - Third Degree.","sectionRange":null,"content":"

(a) The financial exploitation of an elderly person in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of the elderly person in the third degree.

(b) Financial exploitation of an elderly person in the third degree is a Class A misdemeanor.

","history":"(Act 2013-307, §8; §38-9E-8; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15874,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15639,"codeId":45192,"versionId":37310,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-198","shortTitle":"Section 13A-6-198","catchLine":"Financial Exploitation of an Elderly Person - Prosecution.","title":"Section 13A-6-198 Financial Exploitation of an Elderly Person - Prosecution.","sectionRange":null,"content":"

(a) In any prosecution brought for financial exploitation of an elderly person, 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 financial exploitation.

(b) Any prosecution brought for financial exploitation of an elderly person shall be commenced within seven years after the commission of the offense.

(c) It shall not be a defense to financial exploitation of an elderly person that the accused reasonably believed that the victim was not an elderly person.

","history":"(Act 2013-307, §9; §38-9E-9; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15875,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15640,"codeId":45193,"versionId":37311,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-199","shortTitle":"Section 13A-6-199","catchLine":"Liability of Persons Reporting or Investigating Violations.","title":"Section 13A-6-199 Liability of Persons Reporting or Investigating Violations.","sectionRange":null,"content":"

Any person or entity acting pursuant to this chapter in reporting or investigating any report of abuse, neglect, or financial exploitation of an elderly person, or participating in a judicial proceeding resulting therefrom, shall be immune from any civil liability that might otherwise be incurred or imposed as a result of the report, investigation, or participation, unless the person or entity acted recklessly, in bad faith, or with malicious purpose.

","history":"(Act 2013-307, §10; §38-9E-10; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15876,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15641,"codeId":45194,"versionId":37312,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-200","shortTitle":"Section 13A-6-200","catchLine":"Remedies.","title":"Section 13A-6-200 Remedies.","sectionRange":null,"content":"

Nothing in this chapter shall be construed to limit the remedies available to the victim pursuant to any state law relating to domestic violence, the Adult Protective Services Act of 1976, or any other applicable law.

","history":"(Act 2013-307, §11; §38-9E-11; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15877,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15642,"codeId":45195,"versionId":37313,"parentId":45183,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-201","shortTitle":"Section 13A-6-201","catchLine":"Liability of Physicians.","title":"Section 13A-6-201 Liability of Physicians.","sectionRange":null,"content":"

No physician, as defined under Section 34-24-50.1, who is licensed to practice medicine in this state, shall be subject to Sections 13A-6-192, 13A-6-193, and 13A-6-194 for any acts or omissions constituting the practice of medicine.

","history":"(Act 2013-307, §12; §38-9E-12; renumbered by Act 2014-346, p. 1289, §1(b)(7).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15878,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15643,"codeId":45323,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"10","shortTitle":"Article 10","catchLine":"Bestiality.","title":"Article 10 Bestiality.","sectionRange":"§13A-6-220 to §13A-6-221","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15879,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15644,"codeId":45324,"versionId":37492,"parentId":45323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-220","shortTitle":"Section 13A-6-220","catchLine":"Definitions.","title":"Section 13A-6-220 Definitions.","sectionRange":null,"content":"

For purposes of this article, the following terms shall have the following meanings:

(1) SEXUAL CONDUCT. Any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person.

(2) SEXUAL CONTACT. Any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, any penetration, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal for the purpose of sexual gratification or sexual arousal of the person.

","history":"(Act 2014-275, p. 879, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15880,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15645,"codeId":45325,"versionId":37493,"parentId":45323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-221","shortTitle":"Section 13A-6-221","catchLine":"Bestiality.","title":"Section 13A-6-221 Bestiality.","sectionRange":null,"content":"

(a) A person commits the crime of bestiality if he or she:

(1) Knowingly engages in or submits to any sexual conduct or sexual contact with an animal.

(2) Knowingly causes, aids, or abets another in engaging in any sexual conduct or sexual contact with an animal.

(3) Knowingly permits any sexual conduct or sexual contact with an animal upon premises under his or her control.

(4) Knowingly organizes, promotes, conducts, advertises, aids, abets, observes, or performs any service furthering an act involving sexual conduct or sexual contact with an animal for a commercial or recreational purpose.

(b) Bestiality is a Class A misdemeanor.

(c) This article shall not apply to accepted animal husbandry practices, conformation judging practices, or accepted veterinary medicine practices.

","history":"(Act 2014-275, p. 879, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15881,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15646,"codeId":49236,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"11","shortTitle":"Article 11","catchLine":"Additional Sexual Offenses.","title":"Article 11 Additional Sexual Offenses.","sectionRange":"§13A-6-240 to §13A-6-244","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15882,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15647,"codeId":49237,"versionId":50803,"parentId":49236,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-240","shortTitle":"Section 13A-6-240","catchLine":"Distributing a Private Image; Creating a Private Image.","title":"Section 13A-6-240 Distributing a Private Image; Creating a Private Image.","sectionRange":null,"content":"

(a)(1) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image when the depicted individual has not consented in writing to the transmission and the depicted individual had a reasonable expectation of privacy against transmission of the private image.

(2) A person commits the crime of creating a private image if he or she knowingly creates, records, or alters a private image when the depicted individual has not consented to the creation, recording, or alteration and the depicted individual had a reasonable expectation of privacy against the creation, recording, or alteration of the private image.

(b)(1) For purposes of this section, “private image” means a photograph, digital image, video, film, or other recording of an individual who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sexually explicit conduct, as defined in Section 13A-12-190.

(2) The term includes both of the following:

a. A recording that has been edited, altered, or otherwise manipulated from its original form.

b. A recording that a reasonable person would believe actually depicts an identifiable individual, regardless of whether any portion of the recording depicts another individual or is artificially generated.

(c)(1) For purposes of this section, a “reasonable expectation of privacy” includes, but is not limited to, either of the following circumstances:

a. The individual depicted in the private image created it or consented to its creation believing that it would remain confidential.

b. The sexual conduct depicted in the image was involuntary.

(2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily in a public setting or made with prior written consent in a commercial setting.

(d) It is a defense to distributing a private image if the distribution of the private image was made in the public interest, including, but not limited to, the reporting of unlawful conduct; the lawful and common practices of law enforcement, legal proceedings, or medical treatment; or a bona fide attempt to prevent further distribution of the private image.

(e) The crimes of distributing a private image and creating a private image shall be considered to be committed in any county in which any part of the crime took place, in the county of residence of the victim or defendant, or any county where the image is received.

(f) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.

(g) If the Attorney General has reason to believe a person has engaged in, or is engaging in, a violation of this section, the Attorney General may petition for an emergency injunction or other necessary relief to enjoin the violation, and may order the person to provide a copy of the written consent required by this section.

(h) No Internet service provider, search engine, cloud service provider, or affiliate or subsidiary of any of the same, shall be held to have violated this section solely for providing access or connection to or from a website, other information or content on the Internet, or a facility, system, or network not under the control of the provider, including, but not limited to, the transmission, download, intermediate storage, or access software of content that is a private image or is child sexual abuse material to the extent the provider is not responsible for the creation of the content of the communication that constitutes the private image or child sexual abuse material.

(i) No developer or provider of technology shall be held to have violated this section solely for providing or developing technology used by another person to violate this section.

","history":"(Act 2017-414, §1; Act 2023-464, §1; Act 2024-96, §1; Act 2024-97, §11; Act 2024-98, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15883,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15649,"codeId":49239,"versionId":41440,"parentId":49236,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-242","shortTitle":"Section 13A-6-242","catchLine":"Assault with Bodily Fluids.","title":"Section 13A-6-242 Assault with Bodily Fluids.","sectionRange":null,"content":"

(a) A person commits the crime of assault with bodily fluids if he or she knowingly causes or attempts to cause another person to come into contact with a bodily fluid unless the other person consented to the contact or the contact was necessary to provide medical care.

(b) For purposes of this section, a bodily fluid is blood, saliva, seminal fluid, mucous fluid, urine, or feces.

(c) Assault with bodily fluids is a Class A misdemeanor; provided, however, a violation of this section is a Class C felony if the person commits the crime of assault with bodily fluids knowing that he or she has a communicable disease.

","history":"(Act 2017-414, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15885,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15651,"codeId":58021,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"12","shortTitle":"Article 12","catchLine":"Criminal Enterprises","title":"Article 12 Criminal Enterprises","sectionRange":"§13A-6-260 to §13A-6-264","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15888,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15653,"codeId":58023,"versionId":49713,"parentId":58021,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-261","shortTitle":"Section 13A-6-261","catchLine":"Sentence Enhancement for Benefiting, Promoting, or Furthering the Interest of a Criminal Enterprise.","title":"Section 13A-6-261 Sentence Enhancement for Benefiting, Promoting, or Furthering the Interest of a Criminal Enterprise.","sectionRange":null,"content":"

Upon a finding, beyond a reasonable doubt, that a criminal enterprise member has committed the charged offense for the purpose of benefiting, promoting, or furthering the interest of a criminal enterprise, the following sentencing enhancements shall apply:

(1) On conviction of a Class A felony, he or she shall be punished not less than 25 years.

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

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

","history":"(Act 2023-416, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15890,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15654,"codeId":58024,"versionId":49714,"parentId":58021,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-262","shortTitle":"Section 13A-6-262","catchLine":"Knowingly Possessing, Using, or Carrying Firearm During the Commission of a Criminal Act Benefiting, Promoting, or Furthering the Interest of a Criminal Enterprise.","title":"Section 13A-6-262 Knowingly Possessing, Using, or Carrying Firearm During the Commission of a Criminal Act Benefiting, Promoting, or Furthering the Interest of a Criminal Enterprise.","sectionRange":null,"content":"

(a) Any individual who knowingly possesses, uses, or carries a firearm during the commission of any criminal act intended to benefit, promote, or further the interest of a criminal enterprise shall be punished as follows:

(1) To a term of imprisonment of not less than five years.

(2) If the firearm is brandished, to a term of imprisonment of not less than seven years.

(3) If the firearm is discharged, to a term of imprisonment of not less than 10 years.

(4) If the firearm possessed is a short-barreled rifle or short-barreled shotgun, to a term of imprisonment of not less than 10 years.

(5) If the firearm possessed is a machine gun, a destructive device, or is equipped with a firearm silencer, to a term of imprisonment of not less than 30 years.

(b) The term of imprisonment imposed under subsection (a) shall be served day for day and shall not be reduced or suspended by any provision of law.

(c) No term of imprisonment imposed on a person pursuant to this section shall run concurrently with any term of imprisonment, including any term of imprisonment imposed pursuant to Section 13A-6-261.

(d) An offender sentenced pursuant to Section 13A-6-261, who is also convicted of a violation under this section, shall serve the term of imprisonment imposed pursuant to this section before serving the term of imprisonment imposed pursuant to Section 13A-6-261.

","history":"(Act 2023-416, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15891,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15655,"codeId":58025,"versionId":49715,"parentId":58021,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-263","shortTitle":"Section 13A-6-263","catchLine":"Annual Report.","title":"Section 13A-6-263 Annual Report.","sectionRange":null,"content":"

The Attorney General, in coordination with the district attorneys, shall annually report to the Legislature the number of convictions secured under this article.

","history":"(Act 2023-416, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15892,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15656,"codeId":58896,"versionId":null,"parentId":25028,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"13","shortTitle":"Article 13","catchLine":"Alabama Adults with Disabilities Protection Act.","title":"Article 13 Alabama Adults with Disabilities Protection Act.","sectionRange":"§13A-6-280 to §13A-6-289","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15894,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15657,"codeId":58897,"versionId":51119,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-280","shortTitle":"Section 13A-6-280","catchLine":"Short Title.","title":"Section 13A-6-280 Short Title.","sectionRange":null,"content":"This article shall be known as and may be cited as the Alabama Adults with Disabilities Protection Act.","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15895,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15658,"codeId":58898,"versionId":51120,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-281","shortTitle":"Section 13A-6-281","catchLine":"Definitions.","title":"Section 13A-6-281 Definitions.","sectionRange":null,"content":"

For the purposes of this article, the following terms have the following meanings:

(1) ADULT WITH A DISABILITY. Any of the following: (i) an individual 18 years of age or older who has physical or mental impairment that substantially limits one or more major life activities; and (ii) any protected person as defined in Section 38-9-2.

(2) CAREGIVER. An individual who has the responsibility for the care of an adult with a disability as a result of a family relationship or who has assumed the responsibility for the care of the individual voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.

(3) FINANCIAL EXPLOITATION. Any of the following:

a. The wrongful or unauthorized taking, appropriating, or use of money, assets, or property of an adult with a disability.

b. Any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an adult with a disability, to:

1. Obtain control through deception, intimidation, or undue influence over the money, assets, or property of an adult with a disability to deprive the adult with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or

2. Convert money, assets, or property of the adult with a disability to deprive the adult with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property.

(4) INTIMIDATION. A threat of physical or emotional harm to an adult with a disability, or the communication to an adult with a disability, that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.

(5) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an adult with a disability.

(6) PERSON. A human being.

(7) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an adult with a disability is prevented from exercising free judgment and choice.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15896,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15659,"codeId":58899,"versionId":51121,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-282","shortTitle":"Section 13A-6-282","catchLine":"Abuse and Neglect of an Adult with a Disability - First Degree.","title":"Section 13A-6-282 Abuse and Neglect of an Adult with a Disability - First Degree.","sectionRange":null,"content":"

(a) A person commits the crime of abuse and neglect of an adult with a disability in the first degree if he or she intentionally abuses or neglects any adult with a disability and the abuse or neglect causes serious physical injury to the adult with a disability.

(b) Abuse and neglect of an adult with a disability in the first degree is a Class A felony.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15897,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15660,"codeId":58900,"versionId":51122,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-283","shortTitle":"Section 13A-6-283","catchLine":"Abuse and Neglect of an Adult with a Disability - Second Degree.","title":"Section 13A-6-283 Abuse and Neglect of an Adult with a Disability - Second Degree.","sectionRange":null,"content":"

(a) A person commits the crime of abuse and neglect of an adult with a disability in the second degree if he or she does any of the following:

(1) Intentionally abuses or neglects any adult with a disability and the abuse or neglect causes physical injury to the adult with a disability.

(2) Recklessly abuses or neglects any adult with a disability and the abuse or neglect causes serious injury to the adult with a disability.

(3) Recklessly abuses or neglects any adult with a disability having been previously convicted of abuse and neglect of an adult with a disability in the third degree in any court.

(b) Abuse and neglect of an adult with a disability in the second degree is a Class B felony.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15898,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15661,"codeId":58901,"versionId":51123,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-284","shortTitle":"Section 13A-6-284","catchLine":"Abuse and Neglect of an Adult with a Disability - Third Degree.","title":"Section 13A-6-284 Abuse and Neglect of an Adult with a Disability - Third Degree.","sectionRange":null,"content":"

(a) A person commits the crime of abuse and neglect of an adult with a disability in the third degree if he or she recklessly abuses or neglects any adult with a disability and the abuse or neglect causes physical injury.

(b) Abuse and neglect of an adult with a disability in the third degree is a Class A misdemeanor.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15899,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15662,"codeId":58902,"versionId":51124,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-285","shortTitle":"Section 13A-6-285","catchLine":"Financial Exploitation of an Adult with a Disability - First Degree.","title":"Section 13A-6-285 Financial Exploitation of an Adult with a Disability - First Degree.","sectionRange":null,"content":"

(a) The financial exploitation of an adult with a disability in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) constitutes financial exploitation of an adult with a disability in the first degree.

(b) Financial exploitation of an adult with a disability in the first degree is a Class B felony.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15900,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15663,"codeId":58903,"versionId":51125,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-286","shortTitle":"Section 13A-6-286","catchLine":"Abuse and Neglect of an Adult with a Disability - Second Degree.","title":"Section 13A-6-286 Abuse and Neglect of an Adult with a Disability - Second Degree.","sectionRange":null,"content":"

(a) The financial exploitation of an adult with a disability in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) constitutes financial exploitation of an adult with a disability in the second degree.

(b) Financial exploitation of an adult with a disability in the second degree is a Class C felony.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15901,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15664,"codeId":58904,"versionId":51126,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-287","shortTitle":"Section 13A-6-287","catchLine":"Financial Exploitation of an Adult with a Disability - Third Degree.","title":"Section 13A-6-287 Financial Exploitation of an Adult with a Disability - Third Degree.","sectionRange":null,"content":"

(a) The financial exploitation of an adult with a disability in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of an adult with a disability in the third degree.

(b) Financial exploitation of an adult with a disability in the third degree is a Class A misdemeanor.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15902,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15665,"codeId":58905,"versionId":51127,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-288","shortTitle":"Section 13A-6-288","catchLine":"Financial Exploitation of an Adult with a Disability - Prosecution.","title":"Section 13A-6-288 Financial Exploitation of an Adult with a Disability - Prosecution.","sectionRange":null,"content":"

(a) In any prosecution brought for financial exploitation of an adult with a disability, the crime shall be considered to be committed in any county in which any party to the offense was located at the time of the commission of the offense, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the victim of the financial exploitation.

(b) Any prosecution brought for financial exploitation of an adult with a disability shall be commenced within seven years after the date of discovery of the offense.

(c) It shall not be a defense to financial exploitation of an adult with a disability that the accused reasonably believed that the victim was not an adult with a disability.

","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15903,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15666,"codeId":58906,"versionId":51128,"parentId":58896,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-6-289","shortTitle":"Section 13A-6-289","catchLine":"Remedies.","title":"Section 13A-6-289 Remedies.","sectionRange":null,"content":"Nothing in this article shall be construed to limit the remedies available to the victims pursuant to any state law relating to domestic violence, the Adult Protective Services Act of 1976, Chapter 9 of Title 38, or any other applicable law.","history":"(Act 2024-348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15904,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15667,"codeId":25117,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7","shortTitle":"Chapter 7","catchLine":"Offenses Involving Damage to and Intrusion Upon Property.","title":"Chapter 7 Offenses Involving Damage to and Intrusion Upon Property.","sectionRange":"§13A-7-1 to §13A-7-110","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15905,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15668,"codeId":25118,"versionId":null,"parentId":25117,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Burglary and Criminal Trespass.","title":"Article 1 Burglary and Criminal Trespass.","sectionRange":"§13A-7-1 to §13A-7-8","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15906,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15669,"codeId":25120,"versionId":40413,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-1","shortTitle":"Section 13A-7-1","catchLine":"Definitions.","title":"Section 13A-7-1 Definitions.","sectionRange":null,"content":"

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 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.

(2) DWELLING. A building which is used or normally used by a person for sleeping, living or lodging therein.

(3) 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.

(4) POSTING IN A CONSPICUOUS MANNER. A sign or signs posted on the property, reasonably likely to come to the attention of intruders, indicating that entry is forbidden or the placement of identifying purple paint marks on trees or posts on the property, provided that the marks satisfy all of the following:

a. Are vertical lines of not less than eight inches in length and not less than one inch in width.

b. Are placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground.

c. Are placed at locations that are readily visible to any person approaching the property and are no more than 100 feet apart on forest land or 1,000 feet apart on land other than forest land.

(5) PREMISES. Such term includes any “building,” as herein defined, and any real property.

","history":"(Acts 1977, No. 607, p. 812, §2601; Acts 1983, No. 83-742, p. 1222; Act 2016-402, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15907,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15670,"codeId":25122,"versionId":46097,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-2","shortTitle":"Section 13A-7-2","catchLine":"Criminal Trespass in the First Degree.","title":"Section 13A-7-2 Criminal Trespass in the First Degree.","sectionRange":null,"content":"

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor, as those terms are defined in Section 20-2A-3, or on the premises of any cultivation or processing operation that is part of an integrated facility, as defined in Section 20-2A-3.

(b) Criminal trespass in the first degree is a Class A misdemeanor.

","history":"(Acts 1977, No. 607, p. 812, §2605; Act 2021-450, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15908,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15671,"codeId":25123,"versionId":19866,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-3","shortTitle":"Section 13A-7-3","catchLine":"Criminal Trespass in the Second Degree.","title":"Section 13A-7-3 Criminal Trespass in the Second Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2606.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15909,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15672,"codeId":25125,"versionId":19868,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-4","shortTitle":"Section 13A-7-4","catchLine":"Criminal Trespass in the Third Degree.","title":"Section 13A-7-4 Criminal Trespass in the Third Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2607.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15910,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15673,"codeId":25127,"versionId":19871,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-4.1","shortTitle":"Section 13A-7-4.1","catchLine":"Criminal Trespass by Motor Vehicle.","title":"Section 13A-7-4.1 Criminal Trespass by Motor Vehicle.","sectionRange":null,"content":"

(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.

","history":"(Acts 1990, No. 90-664, p. 1280, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15911,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15674,"codeId":43997,"versionId":36175,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-4.2","shortTitle":"Section 13A-7-4.2","catchLine":"Trespass on a School Bus in the First Degree.","title":"Section 13A-7-4.2 Trespass on a School Bus in the First Degree.","sectionRange":null,"content":"

(a) This section shall be known and may be cited as the Charles “Chuck” Poland, Jr., Act.

(b) A person commits the crime of trespass on a school bus in the first degree if he or she is found guilty of doing any of the following:

(1) Intentionally demolishing, destroying, defacing, injuring, burning, or damaging any public school bus.

(2) Entering a public school bus while the door is open to load or unload students without a lawful purpose, while at a railroad grade crossing, or after being forbidden from doing so by the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.

(3) As an occupant of a public school bus, refusing to leave the bus on demand of the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.

(4) Intentionally stopping, impeding, delaying, or detaining any public school bus being operated for public school purposes with the intent to commit a crime therein.

(c) The crime of trespass on a school bus in the first degree is a Class A misdemeanor.

(d) Subdivisions (2), (3), and (4) of subsection (b) do not apply to a child who is less than 12 years of age or to authorized school personnel who are boarding the school bus as a part of their job assignment.

","history":"(Act 2013-347, p. 1245, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15912,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15676,"codeId":25130,"versionId":26647,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-5","shortTitle":"Section 13A-7-5","catchLine":"Burglary in the First Degree.","title":"Section 13A-7-5 Burglary in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2610; Acts 1979, No. 79-471, p. 862, §1; Act 2006-198, p. 286, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15914,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15677,"codeId":25131,"versionId":26648,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-6","shortTitle":"Section 13A-7-6","catchLine":"Burglary in the Second Degree.","title":"Section 13A-7-6 Burglary in the Second Degree.","sectionRange":null,"content":"

(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.

(c) Burglary in the second degree is a Class B felony.

","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15915,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15678,"codeId":25133,"versionId":50899,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-7","shortTitle":"Section 13A-7-7","catchLine":"Burglary in the Third Degree.","title":"Section 13A-7-7 Burglary in the Third Degree.","sectionRange":null,"content":"

(a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein.

(2) He or she knowingly enters or remains unlawfully in an occupied building with the intent to commit a crime therein.

(3) He or she knowingly enters or remains unlawfully in an unoccupied building with the intent to commit a crime therein.

(4) He or she knowingly enters or remains unlawfully in a dwelling and intentionally causes one thousand dollars ($1,000) or more in damage to the dwelling.

(b) Burglary in the third degree is a Class C felony.

","history":"(Acts 1977, No. 607, p. 812, §2612; Acts 1979, No. 79-471, p. 862, §1; Act 2015-185, p. 476, §2; Act 2024-237, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15916,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15679,"codeId":25135,"versionId":19875,"parentId":25118,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-8","shortTitle":"Section 13A-7-8","catchLine":"Possession of Burglar’s Tools.","title":"Section 13A-7-8 Possession of Burglar’s Tools.","sectionRange":null,"content":"

(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. (Acts 1977, No. 607, p. 812, §2615.)

","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15917,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15680,"codeId":25138,"versionId":null,"parentId":25117,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Criminal Damage to Property.","title":"Article 2 Criminal Damage to Property.","sectionRange":"§13A-7-20 to §13A-7-29","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15918,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15681,"codeId":25139,"versionId":19878,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-20","shortTitle":"Section 13A-7-20","catchLine":"Definitions.","title":"Section 13A-7-20 Definitions.","sectionRange":null,"content":"

The definitions contained in Sections 13A-7-40 and 13A-8-1 are applicable in this article unless the context otherwise requires.

","history":"(Acts 1977, No. 607, p. 812, §2701.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15919,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15682,"codeId":25140,"versionId":25834,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-21","shortTitle":"Section 13A-7-21","catchLine":"Criminal Mischief in the First Degree.","title":"Section 13A-7-21 Criminal Mischief in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2705; Act 2003-355, p. 962, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15920,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15683,"codeId":25142,"versionId":38044,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-22","shortTitle":"Section 13A-7-22","catchLine":"Criminal Mischief in the Second Degree.","title":"Section 13A-7-22 Criminal Mischief in the Second Degree.","sectionRange":null,"content":"

(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)(1) Criminal mischief in the second degree is a Class A misdemeanor punishable as provided by law.

(2) Upon a second conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 10 days in jail and upon a third or subsequent conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 30 days in jail.

(3) Upon conviction for criminal mischief in the second degree involving a church or other religious building or damage to property in a church or other religious building, the court shall order restitution as a first priority before the payment of fines, court costs, or other court ordered payments.

","history":"Acts 1977, No. 607, p. 812, §2706; Act 2003-355, p. 962, §1; Act 2015-78, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15921,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15684,"codeId":25144,"versionId":25835,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-23","shortTitle":"Section 13A-7-23","catchLine":"Criminal Mischief in the Third Degree.","title":"Section 13A-7-23 Criminal Mischief in the Third Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2707; Act 2003-355, p. 962, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15922,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15685,"codeId":25147,"versionId":33008,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-23.1","shortTitle":"Section 13A-7-23.1","catchLine":"Desecration, Defacement, Etc., of Memorial of Dead; Invasion or Mutilation of Corpse.","title":"Section 13A-7-23.1 Desecration, Defacement, Etc., of Memorial of Dead; Invasion or Mutilation of Corpse.","sectionRange":null,"content":"

(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.

","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15923,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15686,"codeId":25148,"versionId":35758,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-24","shortTitle":"Section 13A-7-24","catchLine":"Criminal Tampering - Definitions.","title":"Section 13A-7-24 Criminal Tampering - Definitions.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §2710; Act 2013-74, p. 155, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15924,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15689,"codeId":25154,"versionId":19887,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-27","shortTitle":"Section 13A-7-27","catchLine":"Criminal Use of Noxious Substance.","title":"Section 13A-7-27 Criminal Use of Noxious Substance.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2715.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15927,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15690,"codeId":25155,"versionId":19888,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-28","shortTitle":"Section 13A-7-28","catchLine":"Criminal Possession of Noxious Substances.","title":"Section 13A-7-28 Criminal Possession of Noxious Substances.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2720.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15928,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15691,"codeId":25156,"versionId":43735,"parentId":25138,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-29","shortTitle":"Section 13A-7-29","catchLine":"Criminal Littering.","title":"Section 13A-7-29 Criminal Littering.","sectionRange":null,"content":"

(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 without 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 on the material 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.

(3) Discharges sewage, oil products, or litter into a river, inland lake, or stream within the state or within territorial waters of the state.

(4) a. Throws, drops, or permits to be thrown or dropped any litter upon or alongside any highway, road, street, or public right-of-way 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 the vehicle.

(b) For the purposes of this section, litter means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, plastic, cigarettes, cigars, containers of urine, food containers, rubber tires, or any foreign substance. Any agricultural product in its natural state that is unintentionally deposited on a public highway, road, street, or public right-of-way is not 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 subdivisions (a)(3) and (a)(4) that the actor did not intend, or was unaware of, the act charged.

(d)(1) Criminal littering is a Class B misdemeanor. The fine for the first conviction shall be up to five hundred dollars ($500). The punishment for the second and any subsequent conviction shall include either a fine of up to one thousand dollars ($1,000) and up to 100 hours of community service in the form of picking up litter along highways, roads, streets, public rights-of-way, public sidewalks, public walkways, or public waterways, or by a fine of not less than two thousand dollars ($2,000) and not more than three thousand dollars ($3,000).

(2) In addition to the penalties provided in subdivision (1), littering of any of the following in violation of subsection (a) shall result in an additional fine of up to five hundred dollars ($500) per violation:

a. Cigarettes or cigars.

b. Containers of urine.

c. Food containers.

(e) Fifty percent of the fine from a conviction under this section shall be distributed by the court to the state General Fund and 50 percent to the municipality or county, or both, 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. The award and distribution to the county and municipality 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. Litter enforcement may include, but not be limited to, anti-littering education, publication and distribution of related educational materials, and anti-littering advertising.

(f) No action for criminal littering based on evidence that creates a rebuttable presumption under subdivision (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 subdivision (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 B 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 and his or her deputies 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 in this section 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.

","history":"(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; Act 2019-530, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15929,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15692,"codeId":25157,"versionId":null,"parentId":25117,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Arson and Explosives.","title":"Article 3 Arson and Explosives.","sectionRange":"§13A-7-40 to §13A-7-44","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15930,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15693,"codeId":25158,"versionId":19889,"parentId":25157,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-40","shortTitle":"Section 13A-7-40","catchLine":"Definitions.","title":"Section 13A-7-40 Definitions.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §2801.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15931,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15695,"codeId":25160,"versionId":19891,"parentId":25157,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-42","shortTitle":"Section 13A-7-42","catchLine":"Arson in the Second Degree.","title":"Section 13A-7-42 Arson in the Second Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2806; Acts 1983, 2nd Ex. Sess., No. 83-177, p. 346.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15933,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15696,"codeId":25161,"versionId":19892,"parentId":25157,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-43","shortTitle":"Section 13A-7-43","catchLine":"Arson in the Third Degree.","title":"Section 13A-7-43 Arson in the Third Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §2807.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15934,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15697,"codeId":25162,"versionId":19893,"parentId":25157,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-44","shortTitle":"Section 13A-7-44","catchLine":"Criminal Possession of Explosives.","title":"Section 13A-7-44 Criminal Possession of Explosives.","sectionRange":null,"content":"

Repealed by Act 2009-718, p. 2115, §23, effective August 1, 2009.

","history":"(Acts 1977, No. 607, p. 812, §2810.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15935,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15698,"codeId":25163,"versionId":null,"parentId":25117,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Miscellaneous Offenses.","title":"Article 4 Miscellaneous Offenses.","sectionRange":"§13A-7-60 to §13A-7-61","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15936,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15699,"codeId":25164,"versionId":19894,"parentId":25163,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-60","shortTitle":"Section 13A-7-60","catchLine":"Unlawfully Taking Possession of or Going Back into Possession of Real Estate After Dispossession Under Legal Process.","title":"Section 13A-7-60 Unlawfully Taking Possession of or Going Back into Possession of Real Estate After Dispossession Under Legal Process.","sectionRange":null,"content":"

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.

","history":"(Code 1896, §5608; Code 1907, §7829; Code 1923, §5556; Code 1940, T. 14, §428; Code 1975, §13-2-102.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15937,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15700,"codeId":25165,"versionId":19895,"parentId":25163,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-61","shortTitle":"Section 13A-7-61","catchLine":"Allowing Stock to Run at Large Under Common Fence.","title":"Section 13A-7-61 Allowing Stock to Run at Large Under Common Fence.","sectionRange":null,"content":"

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.

","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15938,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15701,"codeId":42321,"versionId":null,"parentId":25117,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Looting.","title":"Article 5 Looting.","sectionRange":"§13A-7-80","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15939,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15702,"codeId":42322,"versionId":34635,"parentId":42321,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-80","shortTitle":"Section 13A-7-80","catchLine":"Definitions; Penalties.","title":"Section 13A-7-80 Definitions; Penalties.","sectionRange":null,"content":"

(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.

(c) The crime of looting is a Class C felony.

(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.

","history":"(Act 2012-316, p. 714, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15940,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15703,"codeId":58831,"versionId":null,"parentId":25117,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Operation of Unmanned Aircraft System Over Department of Corrections Facility.","title":"Article 6 Operation of Unmanned Aircraft System Over Department of Corrections Facility.","sectionRange":"§13A-7-90 to §13A-7-95","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15941,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15704,"codeId":58832,"versionId":50885,"parentId":58831,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-90","shortTitle":"Section 13A-7-90","catchLine":"Definitions.","title":"Section 13A-7-90 Definitions.","sectionRange":null,"content":"

For the purposes of this article, the following terms have the following meanings:

(1) FACILITY. Any of the following:

a. Any facility, as defined in Section 14-2-1, including existing facilities and facilities in the process of being constructed.

b. Any real property owned or leased by the Alabama Department of Corrections or its contractors to the outermost conspicuous physical barrier of the real property.

c. Any public road within 100 yards from the outermost conspicuous physical barrier of real property owned or leased by the Alabama Department of Corrections or its contractors.

(2) OPERATE. Any of the following actions in relation to an unmanned aircraft system:

a. Conducting flight operations.

b. Launching.

c. Landing or otherwise allowing an unmanned aircraft system to make contact with any person or real or personal property.

d. Flying.

e. Causing an unmanned aircraft system to drop any payload.

f. Causing an unmanned aircraft system to deploy or discharge an attached weapon, firearm, explosive, destructive device, or ammunition.

(3) PERSON. As defined in Section 13A-7-4.3.

(4) UNMANNED AIRCRAFT SYSTEM. As defined in Section 13A-7-4.3.

","history":"(Act 2024-222, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15942,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15705,"codeId":58833,"versionId":50886,"parentId":58831,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-91","shortTitle":"Section 13A-7-91","catchLine":"Operation of Unmanned Aircraft System Over a Department of Corrections Facility Prohibited in Certain Circumstances; Exceptions.","title":"Section 13A-7-91 Operation of Unmanned Aircraft System Over a Department of Corrections Facility Prohibited in Certain Circumstances; Exceptions.","sectionRange":null,"content":"

(a) Except as provided in subsection (b), a person may not:

(1) Operate an unmanned aircraft system within a horizontal distance of 500 feet or a vertical distance of 200 feet from a facility; or

(2) Operate an unmanned aircraft system to conduct surveillance of or photograph or otherwise record images of a facility.

(b) Subsection (a) does not apply to the use of an unmanned aircraft system by:

(1) The Alabama Department of Corrections;

(2) A person authorized by federal regulations to operate an unmanned aircraft system and who is operating the system in a lawful manner and consistent with federal regulations;

(3) The Armed Forces of the United States of America;

(4) The Alabama National Guard; or

(5) Any of the following with prior written permission from the Commissioner of the Department of Corrections:

a. A contractor working on behalf of the Department of Corrections;

b. Any state or federal law enforcement agency or public safety agency responding to an emergency;

c. A person engaged in official emergency functions or emergency management; or

d. Any state or federal public utility.

(c) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or county jail for not less than 30 days.

","history":"(Act 2024-222, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15943,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15706,"codeId":58834,"versionId":50887,"parentId":58831,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-92","shortTitle":"Section 13A-7-92","catchLine":"Introduction of Contraband into a Facility Via Unmanned Aircraft System.","title":"Section 13A-7-92 Introduction of Contraband into a Facility Via Unmanned Aircraft System.","sectionRange":null,"content":"

(a) A person may not introduce or attempt to introduce any contraband, as defined in Section 13A-10-30, into a facility via operation of an unmanned aircraft system.

(b) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or county jail for not less than 30 days.

","history":"(Act 2024-222, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15944,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15707,"codeId":58835,"versionId":50888,"parentId":58831,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-93","shortTitle":"Section 13A-7-93","catchLine":"Introduction of Pieces of an Unmanned Aircraft System into a Facility.","title":"Section 13A-7-93 Introduction of Pieces of an Unmanned Aircraft System into a Facility.","sectionRange":null,"content":"

(a) A person may not introduce or attempt to introduce any individual piece of an unmanned aircraft system into a facility.

(b) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or a county jail for not less than 30 days.

","history":"(Act 2024-222, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15945,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15708,"codeId":58836,"versionId":50889,"parentId":58831,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-94","shortTitle":"Section 13A-7-94","catchLine":"Confiscation of Unmanned Aircraft System and Any Property, Weapons, and Contraband Attached to or Dropped Therefrom in Violation of Article.","title":"Section 13A-7-94 Confiscation of Unmanned Aircraft System and Any Property, Weapons, and Contraband Attached to or Dropped Therefrom in Violation of Article.","sectionRange":null,"content":"

(a) The Department of Corrections may confiscate an unmanned aircraft system and any property, weapons, and contraband attached to or dropped from an unmanned aircraft system used in violation of this article.

(b) Any unmanned aircraft system and any property, weapons, and contraband attached to or dropped from an unmanned aircraft system is subject to civil forfeiture. The procedure for the seizure, forfeiture, condemnation, and disposition shall be the same as set out in Section 20-2-93.

","history":"(Act 2024-222, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15946,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15709,"codeId":58837,"versionId":50890,"parentId":58831,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-7-95","shortTitle":"Section 13A-7-95","catchLine":"Rulemaking Authority.","title":"Section 13A-7-95 Rulemaking Authority.","sectionRange":null,"content":"The Commissioner of the Department of Corrections shall adopt regulations as necessary to implement this article.","history":"(Act 2024-222, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15948,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15710,"codeId":25171,"versionId":null,"parentId":13,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8","shortTitle":"Chapter 8","catchLine":"Offenses Involving Theft.","title":"Chapter 8 Offenses Involving Theft.","sectionRange":"§13A-8-1 to §13A-8-233","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15951,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15711,"codeId":25172,"versionId":null,"parentId":25171,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Theft and Related Offenses.","title":"Article 1 Theft and Related Offenses.","sectionRange":"§13A-8-1 to §13A-8-23","content":null,"history":null,"numChildren":38,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15952,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15712,"codeId":25173,"versionId":40244,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-1","shortTitle":"Section 13A-8-1","catchLine":"Definitions.","title":"Section 13A-8-1 Definitions.","sectionRange":null,"content":"

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) FIFTH WHEEL. Coupling between a trailer and a vehicle used for towing.

(4) 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.

(5) FIREARM. A weapon from which a shot is discharged by gunpowder.

(6) 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.

(7) 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.

(8) 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.

(9) 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).

(10) 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.

(11) 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.

(12) RECEIVING. Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property.

(13) STOLEN. Obtained by theft, theft by appropriating lost property, robbery, or extortion.

(14) 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.

(15) 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.

","history":"(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; Act 2016-109, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15953,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15713,"codeId":25175,"versionId":37315,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-2","shortTitle":"Section 13A-8-2","catchLine":"Theft of Property - Definition; Limitations Period.","title":"Section 13A-8-2 Theft of Property - Definition; Limitations Period.","sectionRange":null,"content":"

(a) 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.

(b) The limitations period for any prosecution under subdivision (2) of subsection (a) does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within five years.

","history":"(Acts 1977, No. 607, p. 812, §3201; Act 2003-355, p. 962, §1; Act 2004-297, p. 419, §1; Act 2014-348, p. 1293, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15954,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15714,"codeId":51633,"versionId":44243,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-2.1","shortTitle":"Section 13A-8-2.1","catchLine":"Aggravated Theft by Deception.","title":"Section 13A-8-2.1 Aggravated Theft by Deception.","sectionRange":null,"content":"

(a) A person commits the crime of aggravated theft by deception if he or she does any of the following:

(1) He or she commits a theft of foreign or domestic funds, cash, or cash equivalent, that includes, but is not limited to, stocks, bonds, investments, or retirement accounts, that exceeds two hundred thousand dollars ($200,000) in value, if obtained by deception.

(2) He or she commits a theft of public funds or revenue of any state, county, or municipal government agency or department, or any governmental or political subdivision that exceeds one hundred thousand dollars ($100,000) in value, if obtained by deception.

(b) The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within six years.

(c) Aggravated theft by deception is a felony with a range of punishment of five to 30 years’ imprisonment and a fine of up to sixty thousand dollars ($60,000) per violation.

(d) Notwithstanding any other law, the maximum probation period shall not exceed 10 years unless otherwise authorized by law.

(e) A conviction for aggravated theft by deception shall be treated as a Class A or Class B felony for purposes of Section 15-18-8.

(f) A person may be charged with attempt, criminal solicitation, or criminal conspiracy to commit aggravated theft by deception if he or she engages in the conduct defined in Sections 13A-4-1, 13A-4-2, or 13A-4-3. A violation shall be punished the same as if the crime was completed pursuant to this section.

","history":"(Act 2019-513, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15955,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15715,"codeId":25177,"versionId":26739,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-3","shortTitle":"Section 13A-8-3","catchLine":"Theft of Property in the First Degree.","title":"Section 13A-8-3 Theft of Property in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15957,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15716,"codeId":25180,"versionId":38511,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-4","shortTitle":"Section 13A-8-4","catchLine":"Theft of Property in the Second Degree.","title":"Section 13A-8-4 Theft of Property in the Second Degree.","sectionRange":null,"content":"

(a) The theft of property between one thousand five hundred dollars ($1,500) in value and 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 firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree.

(d) 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.

(e) 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.

","history":"(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; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15958,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15717,"codeId":47192,"versionId":39286,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-4.1","shortTitle":"Section 13A-8-4.1","catchLine":"Theft of Property in the Third Degree.","title":"Section 13A-8-4.1 Theft of Property in the Third Degree.","sectionRange":null,"content":"

(a) The theft of property that exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) 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 D felony.

(c) The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the third degree.

","history":"(Act 2015-185, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15959,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15718,"codeId":25182,"versionId":38512,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-5","shortTitle":"Section 13A-8-5","catchLine":"Theft of Property in the Fourth Degree.","title":"Section 13A-8-5 Theft of Property in the Fourth Degree.","sectionRange":null,"content":"

(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 fourth degree.

(b) Theft of property in the fourth degree is a Class A misdemeanor.

","history":"(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; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15960,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15719,"codeId":25184,"versionId":19906,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-6","shortTitle":"Section 13A-8-6","catchLine":"Theft of Lost Property - Definition.","title":"Section 13A-8-6 Theft of Lost Property - Definition.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §3205.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15962,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15720,"codeId":25186,"versionId":25836,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-7","shortTitle":"Section 13A-8-7","catchLine":"Theft of Lost Property in the First Degree.","title":"Section 13A-8-7 Theft of Lost Property in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3206; Act 2003-355, p. 962, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15963,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15721,"codeId":25188,"versionId":38513,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-8","shortTitle":"Section 13A-8-8","catchLine":"Theft of Lost Property in the Second Degree.","title":"Section 13A-8-8 Theft of Lost Property in the Second Degree.","sectionRange":null,"content":"

(a) The theft of lost property between one thousand five hundred dollars ($1,500) in value and 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.

","history":"(Acts 1977, No. 607, p. 812, §3207; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15964,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15722,"codeId":47193,"versionId":39287,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-8.1","shortTitle":"Section 13A-8-8.1","catchLine":"Theft of Lost Property in the Third Degree.","title":"Section 13A-8-8.1 Theft of Lost Property in the Third Degree.","sectionRange":null,"content":"

(a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of lost property in the third degree.

(b) Theft of lost property in the third degree is a Class D felony.

","history":"(Act 2015-185, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15965,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15723,"codeId":25190,"versionId":38514,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-9","shortTitle":"Section 13A-8-9","catchLine":"Theft of Lost Property in the Fourth Degree.","title":"Section 13A-8-9 Theft of Lost Property in the Fourth Degree.","sectionRange":null,"content":"

(a) The theft of lost property which does not exceed five hundred dollars ($500) in value constitutes theft of lost property in the fourth degree.

(b) Theft of lost property in the fourth degree is a Class A misdemeanor.

","history":"(Acts 1977, No. 607, p. 812, §3208; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15966,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15724,"codeId":25192,"versionId":19911,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10","shortTitle":"Section 13A-8-10","catchLine":"Theft of Services - Definition.","title":"Section 13A-8-10 Theft of Services - Definition.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3210; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15967,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15725,"codeId":25194,"versionId":25837,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.1","shortTitle":"Section 13A-8-10.1","catchLine":"Theft of Services in the First Degree.","title":"Section 13A-8-10.1 Theft of Services in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15968,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15726,"codeId":25195,"versionId":38515,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.2","shortTitle":"Section 13A-8-10.2","catchLine":"Theft of Services in the Second Degree.","title":"Section 13A-8-10.2 Theft of Services in the Second Degree.","sectionRange":null,"content":"

(a) The theft of services between one thousand five hundred dollars ($1,500) in value and 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.

","history":"(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15969,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15727,"codeId":47197,"versionId":39291,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.25","shortTitle":"Section 13A-8-10.25","catchLine":"Theft of Services in the Third Degree.","title":"Section 13A-8-10.25 Theft of Services in the Third Degree.","sectionRange":null,"content":"

(a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of services in the third degree.

(b) Theft of services in the third degree is a Class D felony.

","history":"(Act 2015-185, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15970,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15728,"codeId":25196,"versionId":38516,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.3","shortTitle":"Section 13A-8-10.3","catchLine":"Theft of Services in the Fourth Degree.","title":"Section 13A-8-10.3 Theft of Services in the Fourth Degree.","sectionRange":null,"content":"

(a) The theft of services which does not exceed five hundred dollars ($500) in value constitutes theft of services in the fourth degree.

(b) Theft of services in the fourth degree is a Class A misdemeanor.

","history":"(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15971,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15729,"codeId":25199,"versionId":19914,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.4","shortTitle":"Section 13A-8-10.4","catchLine":"Theft of Trademarks or Trade Secrets.","title":"Section 13A-8-10.4 Theft of Trademarks or Trade Secrets.","sectionRange":null,"content":"

(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.

(c) Theft of trade secrets or trademarks is a Class C felony.

","history":"(Acts 1983, No. 83-563, p. 864; Acts 1984, No. 84-278, p. 465, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15972,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15730,"codeId":46750,"versionId":38908,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.5","shortTitle":"Section 13A-8-10.5","catchLine":"Theft of Valor.","title":"Section 13A-8-10.5 Theft of Valor.","sectionRange":null,"content":"

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) CONGRESSIONAL MEDAL OF HONOR. Includes any of the following:

a. A Medal of Honor awarded under Section 3741, 6241, or 8741 of Title 10 or Section 491 of Title 14 of the United States Code.

b. A duplicate Medal of Honor issued under Section 3754, 6256, or 8754 of Title 10 or Section 504 of Title 14 of the United States Code.

c. A replacement of a Medal of Honor provided under Section 3747, 6253, or 8747 of Title 10 or Section 501 of Title 14 of the United States Code.

(2) MATERIAL GAIN. Something of value received, bestowed, conferred, presented, granted, contributed, funded, gifted, donated, bequeathed, decided, or approved, regardless of the monetary, rumunerative, or tangible value. This includes, but is not limited to, food, lodging, compensation, travel expenses, placards, public benefits, public relief, financial relief, or anything in which or for which a tangible benefit was gained, even if the value of such is de minimis.

(b) A person commits the crime of theft of valor if he or she does any of the following:

(1) Knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges anything of value for any of the following and receives a material gain, unless the person is authorized under applicable state or federal regulations or law:

a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.

b. A service medal or badge awarded to a member of the Armed Forces of the United States.

c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.

(2) Falsely represents himself or herself, verbally or in writing, to have been awarded any of the following in order to receive, or attempt to receive, a material gain:

a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.

b. A service medal or badge awarded to a member of the Armed Forces of the United States.

c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.

(c)(1) Except as provided in subdivisions (2) and (3), theft of valor is a Class B misdemeanor.

(2) If any of the following decorations or medals, including a duplicate or replacement thereof, are the subject of an offense under subsection (b), the offense is a Class A misdemeanor and a minimum fine of five thousand dollars ($5,000) shall be imposed:

a. A Distinguished-Service Cross awarded under Section 3742 of Title 10 of the United States Code.

b. A Navy Cross awarded under Section 6242 of Title 10 of the United States Code.

c. An Air Force Cross awarded under Section 8742 of Section 10 of the United States Code.

d. A Silver Star awarded under Section 3746, 6244, or 8746 of Title 10 of the United States Code.

e. A Purple Heart awarded under Section 1129 of Title 10 of the United States Code.

(3) If a Congressional Medal of Honor is the subject of an offense under subsection (b), the offense is a Class C felony.

(d) Notwithstanding any other law, the limitation period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the offense.

","history":"(Act 2015-69, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15973,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15731,"codeId":48379,"versionId":40464,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.6","shortTitle":"Section 13A-8-10.6","catchLine":"Cargo Theft.","title":"Section 13A-8-10.6 Cargo Theft.","sectionRange":null,"content":"

(a) A person commits the crime of cargo theft if the person knowingly obtains or exerts unauthorized control over either of the following:

(1) A vehicle engaged in commercial transportation of cargo or an appurtenance thereto, including, without limitation, a trailer, semitrailer, container, railcar, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another, with the intention of depriving the other person of the property, regardless of the manner in which the property is taken or appropriated.

(2) A trailer, semitrailer, container, railcar, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another, with the intention of depriving the other person of the property, regardless of the manner in which the property is taken or appropriated.

(b)(1) Cargo theft that has a collective value in excess of fifty thousand dollars ($50,000) is a Class B felony, except the punishment shall be a term of imprisonment of not less than 10 years nor more than 20 years and a fine not to exceed one hundred fifty thousand dollars ($150,000).

(2) Cargo theft that has a collective value exceeding ten thousand dollars ($10,000), but not exceeding fifty thousand dollars ($50,000), is a Class C felony, except the offense shall be punishable by a term of imprisonment of not less than five years nor more than 10 years and a fine not to exceed seventy-five thousand dollars ($75,000).

(3) Cargo theft that has a collective value exceeding five hundred dollars ($500), but does not exceed ten thousand dollars ($10,000), is a Class D felony, except the offense shall be punishable by a term of imprisonment of not less than two years and a fine not to exceed twenty thousand dollars ($20,000).

(4) Cargo theft that has a collective value of five hundred dollars ($500) or less, is a Class A misdemeanor.

(5) A person convicted of cargo theft may also be disqualified from driving a commercial motor vehicle for a period of one year for the first conviction and for life for the second or subsequent conviction, subject to possible reduction as provided in subsection (c) of Section 32-6-49.11.

","history":"(Act 2016-109, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15974,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15732,"codeId":48380,"versionId":40465,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-10.7","shortTitle":"Section 13A-8-10.7","catchLine":"Fifth Wheel Tampering.","title":"Section 13A-8-10.7 Fifth Wheel Tampering.","sectionRange":null,"content":"

(a) A person commits the crime of fifth wheel tampering if the person, with the intent to commit cargo theft does either of the following:

(1) Modifies, alters, or attempts to alter a fifth wheel or the antitheft locking device attached.

(2) Sells, possesses, offers to sell, moves, or causes to be moved on the highways of this state a modified or altered fifth wheel.

(b) Fifth wheel tampering is a Class C felony.

","history":"(Act 2016-109, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15975,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15733,"codeId":25201,"versionId":19916,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-11","shortTitle":"Section 13A-8-11","catchLine":"Unauthorized Use of Vehicle; Unlawful Breaking and Entering a Vehicle.","title":"Section 13A-8-11 Unauthorized Use of Vehicle; Unlawful Breaking and Entering a Vehicle.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3225; Acts 1979, No. 79-664, p. 1163, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15976,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15734,"codeId":25204,"versionId":19919,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-12","shortTitle":"Section 13A-8-12","catchLine":"Defenses to Prosecutions for Theft and Unauthorized Use of Vehicle.","title":"Section 13A-8-12 Defenses to Prosecutions for Theft and Unauthorized Use of Vehicle.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15977,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15735,"codeId":25207,"versionId":19921,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-13","shortTitle":"Section 13A-8-13","catchLine":"Extortion - Definition.","title":"Section 13A-8-13 Extortion - Definition.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §3235.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15978,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15736,"codeId":25209,"versionId":19923,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-14","shortTitle":"Section 13A-8-14","catchLine":"Extortion in the First Degree.","title":"Section 13A-8-14 Extortion in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3236.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15979,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15737,"codeId":25211,"versionId":19925,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-15","shortTitle":"Section 13A-8-15","catchLine":"Extortion in the Second Degree.","title":"Section 13A-8-15 Extortion in the Second Degree.","sectionRange":null,"content":"

(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.

(c) Extortion in the second degree is a Class C felony.

","history":"(Acts 1977, No. 607, p. 812, §3237.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15980,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15738,"codeId":25213,"versionId":19927,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-16","shortTitle":"Section 13A-8-16","catchLine":"Receiving Stolen Property - Definition.","title":"Section 13A-8-16 Receiving Stolen Property - Definition.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3240; Acts 1979, No. 79-664, p. 1163, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15981,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15739,"codeId":25217,"versionId":25838,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-17","shortTitle":"Section 13A-8-17","catchLine":"Receiving Stolen Property in the First Degree.","title":"Section 13A-8-17 Receiving Stolen Property in the First Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3241; Act 2003-355, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15982,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15740,"codeId":25219,"versionId":43730,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-18","shortTitle":"Section 13A-8-18","catchLine":"Receiving Stolen Property in the Second Degree.","title":"Section 13A-8-18 Receiving Stolen Property in the Second Degree.","sectionRange":null,"content":"

(a) Any of the following constitutes receiving stolen property in the second degree:

(1) Receiving stolen property that is between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value.

(2) Receiving stolen property of any value under the circumstances described in subdivision (b)(3) of Section 13A-8-16.

(3) Receiving stolen property that is a firearm, rifle, or shotgun, regardless of its value.

(b) Receiving stolen property in the second degree is a Class C felony.

","history":"(Acts 1977, No. 607, p. 812, §3242; Acts 1979, No. 79-471, p. 812, §1; Act 2003-355, p. 962, §1; Act 2015-185, p. 476, §2; Act 2019-521, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15983,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15741,"codeId":47194,"versionId":39288,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-18.1","shortTitle":"Section 13A-8-18.1","catchLine":"Receiving Stolen Property in the Third Degree.","title":"Section 13A-8-18.1 Receiving Stolen Property in the Third Degree.","sectionRange":null,"content":"

(a) Receiving stolen property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes receiving stolen property in the third degree.

(b) Receiving stolen property in the third degree is a Class D felony.

","history":"(Act 2015-185, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15984,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15742,"codeId":25221,"versionId":38517,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-19","shortTitle":"Section 13A-8-19","catchLine":"Receiving Stolen Property in the Fourth Degree.","title":"Section 13A-8-19 Receiving Stolen Property in the Fourth Degree.","sectionRange":null,"content":"

(a) Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the fourth degree.

(b) Receiving stolen property in the fourth degree is a Class A misdemeanor.

","history":"(Acts 1977, No. 607, p. 812, §3243; Acts 1979, No. 79- 471, p. 862, §1; Act 2003-355, p. 962, §1; Act 2015-185, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15985,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15743,"codeId":25223,"versionId":19932,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-20","shortTitle":"Section 13A-8-20","catchLine":"Bringing Stolen Property into This State.","title":"Section 13A-8-20 Bringing Stolen Property into This State.","sectionRange":null,"content":"

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.

","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15986,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15744,"codeId":25225,"versionId":19934,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-21","shortTitle":"Section 13A-8-21","catchLine":"Bringing into State Property Obtained by False Pretense Elsewhere.","title":"Section 13A-8-21 Bringing into State Property Obtained by False Pretense Elsewhere.","sectionRange":null,"content":"

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.

","history":"(Code 1886, §3818; Code 1896, §4736; Code 1907, §6926; Code 1923, §4140; Code 1940, T. 14, §218; Code 1975, §13-3-96.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15987,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15745,"codeId":25227,"versionId":19936,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-22","shortTitle":"Section 13A-8-22","catchLine":"Obscuring Identity of Vehicle.","title":"Section 13A-8-22 Obscuring Identity of Vehicle.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3250; Acts 1978, No. 770, p. 1110.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15988,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15746,"codeId":48896,"versionId":41143,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-22.1","shortTitle":"Section 13A-8-22.1","catchLine":"Advertisement for Purchase of a Salvage or Junk Branded Motor Vehicle.","title":"Section 13A-8-22.1 Advertisement for Purchase of a Salvage or Junk Branded Motor Vehicle.","sectionRange":null,"content":"

(a) A person, as defined in Section 32-8-2, who advertises in a newspaper, on a website, on a public display or sign, or through an online service, for the purchase of a salvage or junk branded motor vehicle shall clearly and conspicuously disclose on the advertisement his or her true and correct company name, physical address, telephone number, and current license number issued under, and registered in accordance with, Article 8 or Article 9, Chapter 12, Title 40, or Chapter 8, Title 13A.

(b)(1) A person who advertises in violation of subsection (a) commits a Class A misdemeanor.

(2) A person required by state law to be licensed as a motor vehicle dealer, who is not licensed, and who advertises in violation of subsection (a), commits a Class A misdemeanor.

(3) One half of any fines assessed and collected for violations of this subsection shall be deposited into the General Fund and one half of any fines assessed and collected for violations of this subsection shall be deposited with the local law enforcement agency that has jurisdiction over the crime committed.

(c) Subsections (a) and (b) do not apply to either of the following:

(1) A person who offers to purchase a motor vehicle on his or her behalf for personal purposes other than rebuilding, dismantling, or recycling into metallic scrap as provided by Section 32-8-87, or a motor vehicle that meets the conditions set forth in paragraph f. of subdivision (2) of subsection(s) of Section 32-8-87.

(2) A motor vehicle dealer with an advertisement that is physically attached to the outside of its physical address or location, located on dealership property, or on an easement directly adjacent to dealership property.

(d) This section does not apply to any of the following:

(1) A person conducting a private transaction seeking to sell his or her own personal vehicle.

(2) A person licensed under Article 8 or Article 9, Chapter 12, Title 40.

(3) A person registered in accordance with Article 1A, Chapter 8, Title 13A.

","history":"(Act 2017-191, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15989,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15747,"codeId":25229,"versionId":25839,"parentId":25172,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-23","shortTitle":"Section 13A-8-23","catchLine":"Tampering with Availability of Gas, Electricity, or Water.","title":"Section 13A-8-23 Tampering with Availability of Gas, Electricity, or Water.","sectionRange":null,"content":"

(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.

","history":"(Acts 1986, No. 86-429, p. 795; Act 2003-355, p. 962, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15990,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15748,"codeId":33356,"versionId":null,"parentId":25171,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1A","shortTitle":"Article 1A","catchLine":"Secondary Metal Recycling.","title":"Article 1A Secondary Metal Recycling.","sectionRange":"§13A-8-30 to §13A-8-39","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":15991,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15749,"codeId":33357,"versionId":34542,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-30","shortTitle":"Section 13A-8-30","catchLine":"Definitions.","title":"Section 13A-8-30 Definitions.","sectionRange":null,"content":"

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 Alabama State Law Enforcement Agency 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.

","history":"(Act 2007-451, p. 930, §1; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15992,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15750,"codeId":33358,"versionId":34543,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-31","shortTitle":"Section 13A-8-31","catchLine":"Record of Purchases.","title":"Section 13A-8-31 Record of Purchases.","sectionRange":null,"content":"

(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 of this subsection shall be guilty of a Class C felony.

","history":"(Act 2007-451, p. 930, §2; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15993,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15751,"codeId":42647,"versionId":47721,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-31.1","shortTitle":"Section 13A-8-31.1","catchLine":"Payment and Purchase Limitations.","title":"Section 13A-8-31.1 Payment and Purchase Limitations.","sectionRange":null,"content":"

(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 converters, or any items described in subdivision (a)(2) or (a)(10) of Section 13A-8-37, or any cash transaction 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.

(c) Metal property may not be purchased between the hours of 9:00 p.m. and 6:00 a.m.

(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.

","history":"(Act 2012-426, p. 1149, §2; Act 2022-114, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15994,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15752,"codeId":42648,"versionId":34907,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-31.2","shortTitle":"Section 13A-8-31.2","catchLine":"Registration and Reporting Requirements.","title":"Section 13A-8-31.2 Registration and Reporting Requirements.","sectionRange":null,"content":"

(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 1, 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.

","history":"(Act 2012-426, p. 1149, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15995,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15753,"codeId":33359,"versionId":34544,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-32","shortTitle":"Section 13A-8-32","catchLine":"Inspections.","title":"Section 13A-8-32 Inspections.","sectionRange":null,"content":"

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.

","history":"(Act 2007-451, p. 930, §3; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15996,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15754,"codeId":33360,"versionId":34545,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-33","shortTitle":"Section 13A-8-33","catchLine":"Law Enforcement Officers Authorized to Place Hold on Certain Sales of Metals.","title":"Section 13A-8-33 Law Enforcement Officers Authorized to Place Hold on Certain Sales of Metals.","sectionRange":null,"content":"

(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.

","history":"(Act 2007-451, p. 930, §4; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15997,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15755,"codeId":33361,"versionId":34546,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-34","shortTitle":"Section 13A-8-34","catchLine":"Contesting Identification or Ownership of Metal Property.","title":"Section 13A-8-34 Contesting Identification or Ownership of Metal Property.","sectionRange":null,"content":"

(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.

","history":"(Act 2007-451, p. 930, §5; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15998,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15756,"codeId":33362,"versionId":34547,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-35","shortTitle":"Section 13A-8-35","catchLine":"Exceptions.","title":"Section 13A-8-35 Exceptions.","sectionRange":null,"content":"

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.

","history":"(Act 2007-451, p. 930, §6; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":15999,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15757,"codeId":42649,"versionId":34908,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-35.1","shortTitle":"Section 13A-8-35.1","catchLine":"Liability for Injuries.","title":"Section 13A-8-35.1 Liability for Injuries.","sectionRange":null,"content":"

(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.

","history":"(Act 2012-426, p. 1149, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16000,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15758,"codeId":33363,"versionId":34548,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-36","shortTitle":"Section 13A-8-36","catchLine":"Damage or Destruction of Property.","title":"Section 13A-8-36 Damage or Destruction of Property.","sectionRange":null,"content":"

(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.

","history":"(Act 2007-451, p. 930, §7; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16001,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15759,"codeId":33364,"versionId":34549,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-37","shortTitle":"Section 13A-8-37","catchLine":"Possession or Control of Stolen Property.","title":"Section 13A-8-37 Possession or Control of Stolen Property.","sectionRange":null,"content":"

(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:

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.

(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.

","history":"(Act 2007-451, p. 930, §8; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16002,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15760,"codeId":42650,"versionId":47722,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-37.1","shortTitle":"Section 13A-8-37.1","catchLine":"Ownership Documentation Required for Purchase of Certain Property.","title":"Section 13A-8-37.1 Ownership Documentation Required for Purchase of Certain Property.","sectionRange":null,"content":"

(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 converters 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:

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.

(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.

","history":"(Act 2012-426, p. 1149, §2; Act 2022-114, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16003,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15761,"codeId":42651,"versionId":34910,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-37.2","shortTitle":"Section 13A-8-37.2","catchLine":"Lawful Possession of Metal Property.","title":"Section 13A-8-37.2 Lawful Possession of Metal Property.","sectionRange":null,"content":"

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.

","history":"(Act 2012-426, p. 1149, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16004,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15762,"codeId":55032,"versionId":48083,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-37.3","shortTitle":"Section 13A-8-37.3","catchLine":"Purchase, Possession, and Sale of Certain Catalytic Converters - Requirements.","title":"Section 13A-8-37.3 Purchase, Possession, and Sale of Certain Catalytic Converters - Requirements.","sectionRange":null,"content":"

(a) It is unlawful for any person to purchase, or otherwise acquire, a used, detached catalytic converter, or any nonferrous part thereof, unless all of the following apply:

(1) The person is registered as a secondary metals recycler under Section 13A-8-31.2.

(2) The sale or purchase occurs at the fixed business address of a secondary metals recycler that is a party to the transaction. For purposes of this subdivision, “fixed business address” of the secondary metals recycler means the address of the business that is registered with the Alabama Criminal Justice Information Center pursuant to Section 13A-8-31.2; provided, however, the term may also include the licensed address of a secondary metals recycler, new or used motor vehicle dealer, automotive repair service, motor vehicle manufacturer, licensed automotive dismantler and parts recycler, or distributor of catalytic converters, who sells or purchases the used, detached catalytic converter.

(3) The person has maintained all of the information required under Section 13A-8-31 regarding the transaction.

(b)(1) It is unlawful for a person to sell or possess a used, detached catalytic converter unless either of the following:

a. The person is a registered secondary metals recycler, licensed new or used motor vehicle dealer, licensed automotive repair service, motor vehicle manufacturer, licensed automotive dismantler and parts recycler, or licensed distributor of catalytic converters, and a copy of the seller’s valid business license is received and maintained by the person at the time of the transaction.

b. The person provides the purchaser with all of the following information for the motor vehicle from which the catalytic converter or part thereof was taken:

1. The name of the person that removed the catalytic converter.

2. The name of the person for whom the removal was completed.

3. The make and model of the vehicle from which the catalytic converter was removed.

4. The vehicle identification number of the vehicle from which the catalytic converter was removed.

5. The part number or other identifying number of the catalytic converter that was removed.

6. A copy of the driver’s license or nondriver identification card of the seller of the catalytic converter.

7. A copy of the certificate of title or certificate of registration showing the seller’s ownership interest in the vehicle.

(2) Before each purchase or acquisition of a used, detached catalytic converter or part thereof, the secondary metals recycler, including an agent, employee, or representative thereof, shall do both of the following:

a. Verify, by obtaining the applicable documentation, that the person transferring or selling the used, detached catalytic converter acquired it legally and has the right to transfer it or sell it.

b. Retain a record of the applicable verification and other information required under Section 13A-8-31, and note in the business records of the secondary metals recycler any obvious markings on the used, detached catalytic converter, such as paint, labels, or engravings, that would aid in the identification of the catalytic converter.

(c) Each catalytic converter that is purchased, possessed, obtained, sold, transported, or otherwise acquired in violation of this section is a separate violation of this section.

(d) A person who violates this section is guilty of a Class A misdemeanor on a first violation. On a second or subsequent violation within a 10-year period, the person is guilty of a Class C felony.

(e) A used, detached catalytic converter possessed in violation of this section is contraband, subject to seizure and forfeiture as provided pursuant to Section 20-2-93.

(f) For purposes of this section, a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with applicable U.S. Environmental Protection Agency Clean Air Act regulations.

","history":"(Act 2022-114, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16005,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15763,"codeId":55033,"versionId":48084,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-37.4","shortTitle":"Section 13A-8-37.4","catchLine":"Purchase, Possession, and Sale of Certain Catalytic Converters - Providing False, Fraudulent, Altered, or Counterfeit Information or Documentation.","title":"Section 13A-8-37.4 Purchase, Possession, and Sale of Certain Catalytic Converters - Providing False, Fraudulent, Altered, or Counterfeit Information or Documentation.","sectionRange":null,"content":"

(a) It is unlawful for a possessor or seller of a used, detached catalytic converter, or any nonferrous part of a catalytic converter, to provide any false, fraudulent, altered, or counterfeit information or documentation as required by Section 13A-8-37.3.

(b) A person who commits a violation of this section is guilty of a Class A misdemeanor. On a second or subsequent violation within a 10-year period, the person is guilty of a Class C felony.

","history":"(Act 2022-114, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16006,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15764,"codeId":33365,"versionId":27713,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-38","shortTitle":"Section 13A-8-38","catchLine":"Construction.","title":"Section 13A-8-38 Construction.","sectionRange":null,"content":"

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.

","history":"(Act 2007-451, p. 930, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16007,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15765,"codeId":33366,"versionId":34550,"parentId":33356,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-39","shortTitle":"Section 13A-8-39","catchLine":"Application.","title":"Section 13A-8-39 Application.","sectionRange":null,"content":"

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.

","history":"(Act 2007-451, p. 930, §10; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16008,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15766,"codeId":25236,"versionId":null,"parentId":25171,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Robbery.","title":"Article 2 Robbery.","sectionRange":"§13A-8-40 to §13A-8-44","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":16009,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15767,"codeId":25237,"versionId":19942,"parentId":25236,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-40","shortTitle":"Section 13A-8-40","catchLine":"Definitions.","title":"Section 13A-8-40 Definitions.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3301.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16010,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15768,"codeId":25239,"versionId":19944,"parentId":25236,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-41","shortTitle":"Section 13A-8-41","catchLine":"Robbery in the First Degree.","title":"Section 13A-8-41 Robbery in the First Degree.","sectionRange":null,"content":"

(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.

(c) Robbery in the first degree is a Class A felony.

","history":"(Acts 1977, No. 607, p. 812, §3305.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16011,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15769,"codeId":25241,"versionId":19946,"parentId":25236,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-42","shortTitle":"Section 13A-8-42","catchLine":"Robbery in the Second Degree.","title":"Section 13A-8-42 Robbery in the Second Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3306.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16012,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15770,"codeId":25242,"versionId":19948,"parentId":25236,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-43","shortTitle":"Section 13A-8-43","catchLine":"Robbery in the Third Degree.","title":"Section 13A-8-43 Robbery in the Third Degree.","sectionRange":null,"content":"

(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.

","history":"(Acts 1977, No. 607, p. 812, §3307.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16013,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"},{"id":15771,"codeId":25245,"versionId":19950,"parentId":25236,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"13A-8-44","shortTitle":"Section 13A-8-44","catchLine":"Claim of Right Not Defense in Robbery Prosecution.","title":"Section 13A-8-44 Claim of Right Not Defense in Robbery Prosecution.","sectionRange":null,"content":"

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.

","history":"(Acts 1977, No. 607, p. 812, §3310.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":16014,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:06.000Z"}]