Ala. Code § 13A-6-241 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-241
Section 13A-6-241 Sexual Extortion
Status: in_force

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

(1) Knowingly causes or attempts to cause another individual to engage in sexually explicit conduct by communicating any threat to injure the body, property, or reputation of any individual.

(2) Knowingly causes or attempts to cause another individual to produce any photograph, digital image, video, film, or other recording of any individual, whether recognizable or not, engaged in any act of sexually explicit conduct by communicating any threat to injure the body, property, or reputation of any individual.

(3) Knowingly threatens to release or transmit any photograph, digital image, video, film, or other recording of any individual, whether recognizable or not, engaged in any act of sexually explicit conduct in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his or her will.

(b) Sexual extortion is a Class B felony.

(c) For the purposes of this section, the term “sexually explicit conduct” has the same meaning as defined in Section 13A-12-190.
Ala. Code § 13A-11-6 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-6
Section 13A-11-6 Failure of Disorderly Persons to Disperse
Status: in_force

(a) A person commits the crime of failure of a disorderly person to disperse if he participates with five or more other persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses or fails to disperse when ordered to do so by a peace officer or other public servant lawfully engaged in executing or enforcing the law.

(b) Failure of a disorderly person to disperse is a Class B misdemeanor.
Ala. Code § 13A-12-232 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-232
Section 13A-12-232 Sentence Not to Be Suspended, Deferred, Etc., Prior to Mandatory Minimum Term; Reduction, Suspension, Etc., of Sentence for Assistance in Arrest, Conviction, Etc., of Accessories, Principals, Etc
Status: in_force

(a) Notwithstanding the provisions of Chapter 22, Title 15, or any other provision of law, with respect to any person who is found to have violated Section 13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for any type of parole, probation, work release, supervised intensive restitution program, release because of deduction from sentence for good behavior under corrections incentive time act or any other program, furlough, pass, leave, or any other type of early, conditional, or temporary release program, nor shall such person be permitted to leave the penitentiary for any reason whatsoever except for necessary court appearances and for necessary medical treatment, prior to serving the mandatory minimum term of imprisonment prescribed in this article or 15 years, whichever is less. Nothing contained in this section shall be construed in any way to render any inmate eligible for parole, probation, suspended sentence, furlough, pass, leave, or any type or early, conditional, or temporary release program of any type to which the inmate is not otherwise eligible under other provision of law. Nor shall anything in this section be construed to render any person sentenced to life imprisonment without parole under this or any other act eligible for parole, probation, suspended sentence, furlough, pass, leave, or any type of early, conditional, or temporary release program at any time.

(b) The prosecuting attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of Section 13A-12-231, except where the sentence is life imprisonment without parole, and who provides substantial assistance in the arrest, or in the conviction of any of his accomplices, accessories, coconspirators, or principals. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if he finds that the defendant rendered such substantial assistance. Under no circumstances may the judge reduce or suspend the sentence except upon motion of the prosecuting attorney.
Ala. Code § 13A-11-75 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-75
Section 13A-11-75 Permit to Carry Pistol in Vehicle or Concealed on Person - Issuance; Fee; Revocation; Release of Information
Status: in_force

(a)(1) An Alabama resident who is 19 years of age or more may apply to the sheriff of his or her county of residence for issuance or renewal of a concealed carry permit, valid for one year or five years.

(2) An Alabama resident who is 18 years of age or more and is a service member as defined in Section 35-10-70 or a retired or honorably discharged military veteran as defined in subsection (b) may apply to the sheriff of his or her county of residence for issuance or renewal of a concealed carry permit, valid for one year or five years.

(3)a. Except as provided in paragraph b., an Alabama resident who possesses a valid concealed carry permit may apply to the sheriff of his or her county of residence for issuance of a lifetime carry permit.

b. A sheriff may require an applicant for a lifetime carry permit to possess a valid concealed carry permit for not more than five consecutive years prior to approving the application for issuance of the permit. A sheriff’s determination under this paragraph shall not be subject to any appeal or review under subsection (j).

(b)(1) Upon receipt of an application for a concealed carry permit, the sheriff shall complete a criminal background check through the National Instant Criminal Background Check System (NICS) and review the state firearms prohibited person database.

(2) The sheriff shall also review any other available local, state, and federal criminal history databases to determine whether possession of a pistol or firearm by an applicant would be a violation of state or federal law.

(3) Upon application by an individual who is not a United States citizen, the sheriff shall conduct an Immigration Alien Query through U.S. Immigration and Customs Enforcement, or any successor agency, and the application form shall require information relating to the applicant’s country of citizenship, place of birth, and any alien or admission number issued by U.S. Immigration and Customs Enforcement, or any successor agency. The sheriff shall review the results of these inquiries before making a determination of whether to issue a permit or renew a permit. An individual who is unlawfully present in this state may not be issued a permit under this section.

(c) Within 30 days from receipt of a completed application, a sheriff shall approve or deny the application. In making a determination whether to approve or deny the issuance or renewal of a permit, the sheriff shall consider whether the applicant:

(1) Was found guilty but mentally ill in a criminal case.

(2) Was found not guilty in a criminal case by reason of insanity or mental disease or defect.

(3) Was declared incompetent to stand trial in a criminal case.

(4) Asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect.

(5) Was found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice.

(6) Required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility.

(7) Required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the individual is an imminent danger to himself or herself or to others.

(8) Required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason, including drug use.

(9) Is or was the subject of a prosecution or of a commitment or incompetency proceeding that could lead to a prohibition on the receipt or possession of a firearm under the laws of Alabama or the United States.

(10) Falsified any portion of the permit application.

(11) Caused or causes justifiable concern for public safety.

(d)(1) If the sheriff determines that any of the factors in subsection (c) apply to the applicant, or that the criminal background check under subsection (b) returned any result showing that the applicant is prohibited from the possession of a pistol or firearm pursuant to state or federal law, the sheriff shall deny the application.

(2) If the sheriff cannot determine whether or not a factor listed in subsection (c) applies to the applicant, the sheriff may request additional information from the applicant.

(3)a. Upon the denial by a sheriff of an application for a concealed carry permit, the sheriff shall immediately give a written notice to the applicant giving the specific reason or reasons for denial, the date of completion of the background check, and the name and signature of the sheriff whose office conducted the background check.

b. If the sheriff denies an application due to a determination that the issuance or renewal of a permit to an individual would cause or causes justifiable concern for public safety, the sheriff shall clearly articulate the reasoning behind that determination within the written notice.

(4) The sheriff shall notify the Alabama State Law Enforcement Agency of a denial of an application for a permit in a manner as prescribed by the commission for entry into the state firearms prohibited person database if the reason for that denial was due to the applicant being ineligible to possess a firearm under state or federal law.

(5) Upon receiving notice of a denial of an application for a concealed carry permit due to the applicant being prohibited from possessing a firearm under state or federal law, or a conviction or court order that would prohibit that individual from possessing a pistol or firearm under state or federal law, the Alabama State Law Enforcement Agency shall enter the information into the state firearms prohibited person database and ensure that a “Firearms Prohibited Person” notice is viewable by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.

(e)(1) If the sheriff determines that the applicant is not prohibited from the possession of a pistol or firearm under state or federal law and that the applicant should not otherwise be denied a concealed carry permit pursuant to this section, the sheriff, upon receipt of the appropriate fee as provided in subsection (f), shall approve the application.

(2)a. Immediately upon approval of an application for a concealed carry permit, the sheriff shall issue the applicant a secure permit card to carry a pistol in a vehicle or concealed on or about his or her person within this state, valid for a term of one year, five years, or the permit holder’s lifetime, as indicated within the approved application.

b. If the sheriff is unable to produce a hard copy secure permit card at the time of approval, the sheriff shall issue the applicant a temporary paper permit, valid for 30 days following the date of issuance. The sheriff shall produce and mail to the applicant a hard copy secure permit card within 15 days of issuing the temporary paper permit.

(f)(1) Notwithstanding any provision of law to the contrary:

a. The fee for a concealed carry permit for a term of one year or five years shall be the same as currently provided by local law for that county, and the resulting funds shall be distributed as currently provided by local law.

b. If there is no local law setting the fee for a one-year permit, the fee shall be twenty-five dollars ($25), and the funds shall be distributed to the sheriff. If there is no local law setting the fee for a five-year permit, the fee shall be one hundred twenty-five dollars ($125), and the funds shall be distributed to the sheriff.

c. A sheriff shall charge no fee for issuing or renewing a permit to a service member, a retired or honorably discharged military veteran, a law enforcement officer as defined by Section 36-30-20, or an honorably retired law enforcement officer eligible for a card under Section 36-21-9.

(2)a. The fee for a lifetime concealed carry permit shall be three hundred dollars ($300). If an individual applies for a lifetime carry permit within one year after the expiration date of an otherwise valid pistol permit possessed by that individual, or the expiration of any extended renewal period offered by the sheriff, whichever is later, the fee for the lifetime carry permit shall be reduced by an amount equal to the fee paid for the expired permit at the time that expired permit was issued.

b. Notwithstanding paragraph a., the fee for a lifetime concealed carry permit shall be one hundred fifty dollars ($150) if the applicant is 60 years of age or older at the time of application.

c. A sheriff shall charge no fee for issuing or renewing a lifetime carry permit to a service member, a retired or honorably discharged military veteran, a law enforcement officer as defined by Section 36-30-20, or an honorably retired law enforcement officer eligible for a card under Section 36-21-9.

(3)a. Eighty percent of the fees for a lifetime carry permit shall be distributed to the sheriff of the county of residence of the applicant, to be used for the administration of the concealed carry permit application process and other law enforcement purposes. The remaining 20 percent shall be distributed to the Alabama State Law Enforcement Agency, to be used for the administration of the state firearms prohibited person database and for other law enforcement purposes.

b. Notwithstanding paragraph a., beginning October 1, 2024, the agency may use these funds only for the administration of the state firearms prohibited person database.

(4) Each sheriff shall ensure that all fees set forth within this section are properly distributed pursuant to this section on a quarterly basis.

(5) Each sheriff shall prepare a report on the number of permits issued and renewed within the county, and shall include a detailed accounting of fees and their distribution. A sheriff, upon request, shall provide a copy of this report to the Alabama State Law Enforcement Agency or the Legislative Services Agency.

(g)(1) A permittee who changes his or her permanent address shall report that change of address to the sheriff of the county of his or her new residence within 30 days. Failure by an individual with a valid concealed carry permit or lifetime carry permit to report the change of address as directed by this subdivision shall result in the permit being subject to revocation.

(2) A permittee who loses the physical permit or who has his or her physical permit stolen shall report that lost or stolen permit to the sheriff of the county of his or her residence within 30 days.

(3) If a permittee changes his or her permanent address, loses his or her concealed carry permit, has his or her concealed carry permit stolen, or desires to replace a damaged concealed carry permit, and requests a new physical permit prior to the expiration date of the concealed carry permit, upon receipt of request and a fee not to exceed twenty-five dollars ($25), the sheriff of the county of residence shall issue a permit in the same manner as provided in subdivision (e)(2).

(h) At least once every five years from the date of issuance, each sheriff shall conduct a background check on each individual with a lifetime carry permit issued within his or her county in the same manner as provided in subsection (b), to ensure that the individual has not been convicted of any crime which would prohibit that individual from purchasing or possessing a pistol or firearm under state or federal law and that the individual has otherwise remained eligible for a permit based upon the factors provided in subsection (c).

(i)(1)a. At any point after an individual is issued a concealed carry permit or lifetime carry permit, and so long as the permit is valid, if the Alabama State Law Enforcement Agency, a law enforcement officer, or a court becomes aware that the individual has become prohibited from possessing a pistol or firearm under state or federal law, or otherwise concludes that the individual should not possess a permit based on the factors provided for issuance under subsection (c), the agency, officer, or court shall immediately notify the sheriff of the county of residence of the individual. The agency, officer, or court shall furnish relevant evidence along with the notice.

b. If the sheriff of the county of residence of a permittee becomes aware that a permittee is prohibited from purchasing or possessing a pistol or firearm under federal or state law, or otherwise concludes that the permittee should not possess a concealed carry or lifetime carry permit based on the factors provided for issuance under subsection (c), the sheriff shall revoke the permit.

c. Immediately upon revocation of a permit, the sheriff shall send notice of that revocation to the individual whose permit was revoked. The notice delivered to the individual shall be in written form, but an additional copy may also be delivered in an electronic form. The notice shall include all of the following:

1. The name of the individual whose permit has been revoked.

2. The specific reason for revocation of the permit, including citation to relevant law.

3. The date of conviction or other event on which the revocation is based, if applicable.

4. Information on how the individual may appeal the revocation.

(2) If the revocation was due to the permittee being prohibited from possessing a firearm under federal or state law, the sheriff shall send notice to the Alabama State Law Enforcement Agency, in a form prescribed by the commission, for entry into the state firearms prohibited person database. Upon receipt of a notice of revocation, the Alabama State Law Enforcement Agency shall update the state firearms prohibited person database to reflect that revocation and shall also enter a “Firearms Prohibited Person” notice into the state firearms prohibited person database in the same manner as provided under subdivision (d)(5).

(3) Upon revocation of a permit, the sheriff of the county of residence of the permittee or any other law enforcement officer with a reasonable opportunity shall make reasonable efforts to confiscate the permit card.

(j)(1) An individual who has been denied a permit under subsection (d), an individual whose permit has been revoked under subsections (g) or (i), or any individual who is listed on the state firearms prohibited person database may appeal the denial, revocation, or database entry to the district court of the county where the individual resides. During the court’s review of the decision, the sheriff of the county of residence of the individual shall have the burden of proving by clear and convincing evidence that possession of a pistol or firearm by the individual would be in violation of state or federal law or that the individual otherwise should not possess a permit based on the factors provided for issuance under subsection (c).

(2) A court hearing an appeal under this subsection shall issue a written determination within 30 days providing the reasoning for the determination, as well as any facts or evidence upon which the determination was based. The court shall deliver written copies of this determination to the individual, the sheriff of the county of residence of the individual, and the Alabama State Law Enforcement Agency.

(3) A court hearing an appeal under this subsection may waive court costs for the appeal if the court concludes that the appellant demonstrated a reasonable belief that he or she should not be listed on the firearms prohibited person database or that the denial or revocation was improper.

(4)a. Within three days of receiving a notice of a court determination that the revocation or denial of a permit was improper, the sheriff shall issue or reissue a physical permit to the applicant in the same manner as provided in subdivision (e)(2).

b. Within three days of receiving a notice of a court determination that the listing of an individual on the database was improper, the sheriff shall ensure that the results of the appeal are sent to the Alabama State Law Enforcement Agency for entry in the state firearms prohibited person database.

(k) The name, address, signature, photograph, and any other personally identifying information collected from an applicant or permittee under this section shall be kept confidential, shall be exempt from disclosure under Section 36-12-40, and may only be used for law enforcement purposes except when a current permittee is charged in any state with a felony involving the use of a pistol. All other information on permits under this section, including information concerning the annual number of applicants, number of permits issued, number of permits denied or revoked, revenue from issuance of permits, and any other fiscal or statistical data otherwise, shall remain public writings subject to public disclosure. Except as provided above, the sheriff of a county and the Alabama State Law Enforcement Agency shall redact the name, address, signature, photograph, and any other personally identifying information of a permit holder before releasing a copy of a permit for a non-law enforcement purpose. The sheriff or the agency may charge one dollar ($1) per copy of any redacted permit record requested other than when requested for law enforcement purposes. To knowingly publish or release to the public in any form any information or records related to the licensing process, or the current validity of any permit, except as authorized in this subsection or in response to a court order or subpoena, is a violation of Act 2021-246 subject to misuse penalties established by rule of the commission.

(l) A concealed carry permit issued under this section shall be valid for the carrying of a pistol in a motor vehicle or concealed on the permittee’s person throughout the state, unless prohibited by this section.

(m) This section shall not be construed to limit or place any conditions upon an individual’s right to carry a pistol that is not in a motor vehicle or not concealed.

(n)(1) If a permittee establishes residence in another state, his or her permit shall expire upon the establishment of residence in the other state.

(2)a. Notwithstanding subdivision (1), if a service member possesses a lifetime concealed carry permit and establishes residence in another state, the permit shall expire upon the establishment of residence in the other state.

b. Notwithstanding paragraph a., if the service member’s establishment of residence in the other state was a result of relocation related to the military service of that service member, and that service member thereafter re-establishes residence in Alabama, the sheriff of the county of residence, upon request of the service member, shall reinstate the lifetime concealed carry permit of that service member.

(o) Any individual who knowingly or intentionally makes a false statement while applying for a permit or appealing the denial or revocation or database listing under this section shall be guilty of a Class C misdemeanor.

(p) Nothing in this section shall be construed to permit a sheriff, the Alabama State Law Enforcement Agency, or a court to disregard any federal law or regulation pertaining to the purchase or possession of a pistol or firearm.
Ala. Code § 13A-4-3 — Alabama Code / Title 13A / Chapter 4 / Section 13A-4-3
Section 13A-4-3 Criminal Conspiracy Generally
Status: in_force

(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.
Ala. Code § 13A-8-43 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-43
Section 13A-8-43 Robbery in the Third Degree
Status: in_force

(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.
Ala. Code § 13A-12-2 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-2
Section 13A-12-2 Holding Public Markets and Trading Therein on Sunday
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 13A-12-53 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-53
Section 13A-12-53 Owner Permitting Any Person to Equip Any Room, Etc
Status: in_force

Any person who, being the owner, proprietor, or keeper, or superintendent of any tavern, inn, restaurant, billiard room, poolroom or other public house, permits or suffers any person or persons on or about the premises to provide a barred or barricaded room or rooms to which persons resort for gaming or who knowingly or wilfully permits or knowingly or wilfully suffers any person or persons to equip any room or rooms on or about the premises with electric bells, wires or signals, or elevators, dumbwaiters or other implements or appliances connected with such rooms used or to be used for the purpose of communicating with an occupant or occupants of such gambling room or rooms, shall likewise be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
Ala. Code § 13A-7-90 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-90
Section 13A-7-90 Definitions
Status: in_force

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.
Ala. Code § 13A-12-22 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-22
Section 13A-12-22 Promoting Gambling
Status: in_force

(a) A person commits the crime of promoting gambling if he knowingly advances or profits from unlawful gambling activity otherwise than as a player.

(b) Promoting gambling is a Class A misdemeanor.
Ala. Code § 13A-8-86 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-86
Section 13A-8-86 Penalties for Manufacture, Sale, Rental, Possession for Sale or Rental, Etc., in Contravention of Article; Forfeiture
Status: in_force

(a) Each separate manufacture, distribution, sale or transfer at wholesale of any unauthorized recording in contravention of the provisions of this article shall upon conviction constitute a separate offense punishable as follows:

(1) If the offense involves not less than 1,000 unlawful sound recordings or not less than 65 audio visual recordings, by imprisonment not less than three years, nor more than ten years, or by a fine of not more than $250,000.00 or both.

(2) For any other offense not described in subdivision (a)(1), by imprisonment not less than one year, nor more than three years, or by fine of not more than $25,000.00 for the first offense, or both, and by imprisonment not less than three years nor more than 10 years, or by fine of not more than $100,000.00, or both, for any subsequent offense.

(b) Each separate sale, rental or possession for sale or rental of any recording, not described in subsection (a), in contravention of the provisions of this article shall upon conviction constitute a separate offense punishable as follows:

(1) If the offense involves not less than 100 unlawful sound recordings or not less than seven unlawful audio visual recordings, or if the offense is a subsequent offense, by imprisonment not less than one year nor more than five years, or by a fine of not more than $250,000.00 or both.

(2) For any other offense not described in subdivision (b)(1), by imprisonment for not more than one year, or by a fine of not more than $25,000.00 or both.

(c) If a person is convicted of any offense under this article, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of all infringing recordings and of all equipment and components used or intended to be used in the manufacture of the infringing recordings, as provided in Section 13A-8-84.
Ala. Code § 13A-9-42 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-42
Section 13A-9-42 False Advertising
Status: in_force

(a) A person commits the crime of false advertising if, in connection with the promotion of a sale, transfer, consumption or use of property or services, he makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

(b) It is a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly in making the false or misleading statement or in causing it to be made. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

(c) False advertising is a Class B misdemeanor.
Ala. Code § 13A-9-19 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-19
Section 13A-9-19 Change Bills - Emitting as Money
Status: in_force

Any officer or agent of any private corporation or association or any other person who makes, emits, signs or countersigns, or causes or procures to be made, emitted, signed or countersigned, without authority of law, any paper to answer the purpose of money, or for general circulation, shall, on conviction, be fined not more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year.
Ala. Code § 13A-11-152 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-152
Section 13A-11-152 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) ANIMAL. Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes.

(2) ANIMAL OR CROP FACILITY. Any facility engaging in scientific research, education, or agricultural production of or involving the use of animals or crops including any organization with the primary purpose of representing livestock or crop production or processing; any organization with a primary purpose of promoting or marketing livestock or crops; any organization with a primary purpose of promoting or marketing livestock or crop products or materials; any person licensed to practice veterinary medicine; any person licensed to apply chemical applications not limited to pesticides, insecticides, rodenticides, or herbicides; any organization with a primary purpose of representing any of the above; the owner, operator, and employees of any animal or crop facility; and any vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or premises where animals or crops are located.

(3) COMMISSIONER. The Commissioner of Agriculture and Industries for the State of Alabama.

(4) CROPS. Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock, floral products, or aesthetic beauty.

(5) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons.
Ala. Code § 13A-11-72 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-72
Section 13A-11-72 Certain Persons Forbidden to Possess Firearm
Status: in_force

(a)(1) A person may not own a firearm or have a firearm in his or her possession or under his or her control if any of the following apply:

a. The person has been convicted in this state or elsewhere of any kind of felony offense within the previous five years.

b. The person has been convicted in this state or elsewhere of three or more felony offenses of any kind at any time; provided the felony offense convictions used to support a charge under this paragraph each arose from a different indictment or complaint or otherwise arose on a different date of charge.

c. The person has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in subsection (h), or a violent offense as defined in Section 12-25-32.

d. The person is subject to a valid protection order for domestic abuse.

e. The person is of unsound mind.

(2) A violation of this subsection is a Class C felony.

(3) It shall be an affirmative defense to a prosecution under this subsection that the defendant has received a pardon pursuant to Section 15-22-36 which expressly restores the defendant’s right to possess a firearm as to each conviction supporting the prosecution.

(b)(1) No person who is a minor, except under the circumstances provided in this section, an habitual drunkard, or who has a drug addiction shall own a pistol or have one in his or her possession or under his or her control.

(2) A violation of this subsection is a Class A misdemeanor.

(c)(1) No person who is an alien and is illegally or unlawfully in the United States or has been admitted to the United States under a nonimmigrant visa as defined in 8 U.S.C. § 1101(a)(26), provided no exception to this subsection as listed in 18 U.S.C. § 922(y)(2) applies, shall own a pistol or other firearm or have one in his or her possession or under his or her control.

(2) A violation of this subsection is a Class C felony.

(d)(1) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a school.

(2) A violation of this subsection is a Class C felony.

(e) School security personnel and school resource officers qualified under Section 16-1-44.1(a), employed by a local board of education, and authorized by the employing local board of education to carry a deadly weapon while on duty are exempt from subsection (d). Law enforcement officers are exempt from this section, and persons with permits issued pursuant to Section 13A-11-75, are exempt from subsection (d).

(f) A person shall not be in violation of Section 13A-11-57 or 13A-11-76 and a minor shall not be in violation of this section if the minor has permission to possess a pistol from a parent or legal guardian who is not prohibited from possessing a firearm under state or federal law, and any of the following are satisfied:

(1) The minor is attending a hunter education course or a firearms safety course under the supervision of an adult who is not prohibited from possessing a firearm under state or federal law.

(2) The minor is engaging in practice in the use of a firearm or target shooting at an established range under the supervision of an adult who is not prohibited from possessing a firearm under state or federal law.

(3) The minor is engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. § 501(c)(3) which uses firearms as part of the performance.

(4) The minor is hunting or fishing pursuant to a valid license, if required, and the person has the license in his or her possession; has written permission of the owner or legal possessor of the land on which the activities are being conducted; and the pistol, when loaded, is carried only in a manner discernible by ordinary observation.

(5) The minor is on real property under the control of the minor’s parent, legal guardian, or grandparent.

(6) The minor is a member of the armed services or National Guard and the minor is acting in the line of duty.

(7) The minor is traveling by motor vehicle to any of the locations or activities listed in subdivisions (1) through (6), has written permission to possess the pistol or firearm by his or her parent or legal guardian, and the pistol or firearm is unloaded, locked in a compartment or container that is in or affixed securely to the motor vehicle, and is out of reach of the driver and any passenger in the motor vehicle.

(g) This section does not apply to a minor who uses a pistol or other firearm while acting in self-defense of himself, herself, or other persons against an intruder into the residence of the minor or a residence in which the minor is an invited guest.

(h) For the purposes of this section, the following terms have the following meanings:

(1) CONVICTED. a. Means a person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case if required by law, and either the case was tried before a judge, tried by a jury, or the person knowingly and intelligently waived the right to have the case tried, by guilty plea or otherwise.

b. A person is not considered to have been convicted for the purposes of this section if the person is not considered to have been convicted in the jurisdiction in which the proceedings were held or the conviction has been expunged, set aside, or is of an offense for which the person has been pardoned or has had his or her civil rights restored, unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

(2) DEADLY WEAPON. A firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury, and the term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.

(3) MISDEMEANOR OFFENSE OF DOMESTIC VIOLENCE. A misdemeanor offense that has, as its elements, the use or attempted use of physical force or the threatened use of a dangerous instrument or deadly weapon, 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 or former household member, or a person who has or had a dating relationship with the defendant.

(4) QUALIFIED INDIVIDUAL. A victim as defined in Section 30-5-2 or an individual who cohabitates or has cohabited with the person.

(5) SCHOOL. A school composed of grades K-12 and shall include a school bus used for grades K-12.

(6) SCHOOL RESOURCE OFFICER. An Alabama Peace Officers’ Standards and Training Commissioner-certified law enforcement officer employed by a law enforcement agency who is specifically selected and specially trained for the school setting.

(7) UNSOUND MIND. Includes any person who is subject to any of the findings listed below, and who has not had his or her rights to possess a firearm reinstated by operation of law or legal process:

a. Found by a court, board, commission, or other lawful authority that, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease, is a danger to himself, herself, or others or lacks the mental capacity to contract or manage his or her own affairs.

b. Found to be insane, not guilty by reason of mental disease or defect, found mentally incompetent to stand trial, or found not guilty by a reason of lack of mental responsibility by a court in a criminal case, to include state, federal, and military courts.

c. Involuntarily committed for a final commitment for inpatient treatment to the Department of Mental Health or a Veterans’ Administration hospital by a court after a hearing.

(8) VALID PROTECTION ORDER. An order issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate, that does either of the following:

a. Restrains the person from harassing, stalking, or threatening a qualified individual or child of the qualified individual or person or engaging in other conduct that would place a qualified individual in reasonable fear of bodily injury to the individual or child and that includes a finding that the person represents a credible threat to the physical safety of the qualified individual or child.

b. By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the qualified individual or child that would reasonably be expected to cause bodily injury.
Ala. Code § 13A-11-33 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-33
Section 13A-11-33 Installing Eavesdropping Device
Status: in_force

(a) A person commits the crime of installing an eavesdropping device if he intentionally installs or places a device in a private place with knowledge it is to be used for eavesdropping and without permission of the owner and any lessee or tenant or guest for hire of the private place.

(b) Installing an eavesdropping device in a private place is prima facie evidence of knowledge that the device is to be used for eavesdropping.

(c) Installing an eavesdropping device is a Class C felony.
Ala. Code § 13A-8-231 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-231
Section 13A-8-231 Prima Facie Evidence
Status: in_force

(a) The fact that a person conceals merchandise for which he or she has not paid the full value, and the retail merchandise has been taken beyond the area within the retail establishment or premises of a retail establishment where payment for it is to be made, shall be prima facie evidence that the person possessed, carried away, or transferred the retail merchandise with the intention of depriving the retail merchant of all or part of the full value of the retail merchandise without paying the full value of the retail merchandise in violation of this article.

(b)(1) A violation of this article shall be deemed prima facie evidence that the person intended to deprive the retail merchant of all or part of the full retail value of the retail merchandise without paying the full value of the retail merchandise.

(2) The unaltered price tag or other marking on the merchandise, or duly identified photographs of the merchandise, shall be prima facie evidence of the merchandise’s actual retail value and ownership.

(c) Nothing in this subsection shall be construed to provide that the mere possession of goods or the production by shoppers of improperly priced merchandise for checkout shall constitute prima facie evidence of guilt.
Ala. Code § 13A-5-9.1 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-9.1
Section 13A-5-9.1 Retroactive Application of Section 13A-5-9
Status: reserved

Repealed by Act 2014-165, §1, effective March 13, 2014.
Ala. Code § 13A-6-180 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-180
Section 13A-6-180 Short Title
Status: in_force

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.
Ala. Code § 13A-11-261 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-261
Section 13A-11-261 Harassment Of, Interference with Etc., Duties of Police Animals, Search and Rescue Animals, or Handlers; Causing Physical Harm or Death; Entering Containment Area; Restraining, Taunting, Endangering, Etc
Status: in_force

(a) Any person who intentionally and knowingly causes, attempts to cause, or causes another person to harass, interfere, or obstruct a police animal or search and rescue animal being used by a handler in lawfully performing duties or causes harassment, interference, or obstruction of a handler in lawfully performing his or her duties is guilty of a Class A misdemeanor.

(b) Any person who intentionally and knowingly causes or attempts to cause physical harm to a police animal or search and rescue animal which results in no long-term damage or disfigurement of the animal and any temporary loss of service of the animal does not exceed 30 calendar days, is guilty of a Class A misdemeanor.

(c) Any person who intentionally and knowingly causes or attempts to cause serious physical harm, theft, or death of a police animal or search and rescue animal is guilty of a Class C felony.

(d) Any person who intentionally and knowingly enters a containment area of a police animal or search and rescue animal without the consent of the handler, causes or attempts to cause any item or substance to enter the containment area without the consent of the handler, or who releases a police animal or search and rescue animal without the consent of the handler, is guilty of a Class A misdemeanor.

(e) An owner or keeper of a dog or other animal, who fails to reasonably restrain the dog or animal from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police animal or search and rescue animal, is responsible for any violation of this article in the same manner as if he or she knowingly caused or attempted to cause the violation.
Ala. Code § 13A-7-4.1 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-4.1
Section 13A-7-4.1 Criminal Trespass by Motor Vehicle
Status: in_force

(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.

(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.
Ala. Code § 13A-10-32 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-32
Section 13A-10-32 Escape in the Second Degree
Status: in_force

(a) A person commits the crime of escape in the second degree if he escapes or attempts to escape from a penal facility.

(b) Escape in the second degree is a Class C felony.
Ala. Code § 13A-8-110 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-110
Section 13A-8-110 Short Title
Status: in_force

This article may be cited as The Alabama Digital Crime Act.
Ala. Code § 13A-9-84 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-84
Section 13A-9-84 Construction with Other Law
Status: in_force

This article shall be construed together with any law relating to charitable fraud or fraudulent practices, except in the event of a direct conflict with this article.
Ala. Code § 13A-6-93 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-93
Section 13A-6-93 Relationship to Other Laws
Status: in_force

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.
Ala. Code § 13A-5-13 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-13
Section 13A-5-13 Crimes Motivated by Victim’s Race, Color, Religion, National Origin, Ethnicity, or Physical or Mental Disability
Status: in_force

(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.
Ala. Code § 13A-2-20 — Alabama Code / Title 13A / Chapter 2 / Section 13A-2-20
Section 13A-2-20 Criminal Liability Based Upon Behavior
Status: in_force

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.
Ala. Code § 13A-2-2 — Alabama Code / Title 13A / Chapter 2 / Section 13A-2-2
Section 13A-2-2 Definitions - Definitions of Culpable Mental State
Status: in_force

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.
Ala. Code § 13A-3-2 — Alabama Code / Title 13A / Chapter 3 / Section 13A-3-2
Section 13A-3-2 Intoxication
Status: in_force

(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.
Ala. Code § 13A-9-114 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-114
Section 13A-9-114 Penalties
Status: in_force

Except as provided in Section 13A-9-111.1, violations of this article shall be punished as follows:

(1) A first conviction shall be a Class A misdemeanor.

(2) A second or subsequent conviction shall be a Class C felony.
Ala. Code § 13A-8-141 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-141
Section 13A-8-141 Prima Facie Evidence of Fraudulent Leasing or Rental
Status: in_force

For the purposes of Section 13A-8-140 of this article, it is prima facie evidence that a lessee fraudulently leased or rented property, and intended, knew or expected that he would not perform the terms and obligations of the lessee under a rental contract if:

(1) The name or address of the lessee appearing on the written agreement shall, at the time it is signed, be false or fictitious, and if the lessee fails to return the leased property to the lessor within seven days after lessor makes written demand for its return, notwithstanding that the term under the rental contract has not expired; or

(2) The rental contract provides for the return of the leased property to a particular place, at a particular time, and the lessee shall fail to return the leased property to the place and within the time specified in the said rental contract, and the lessor thereafter makes written demand for the return of the leased property to the place specified in the rental contract within 48 hours from the time the written demand is delivered to the lessee, and the lessee fails to return said property to the lessor within the said 48 hour period; or

(3) A lessee obtains or exerts control over personal property by executing a rental contract which provides for the return of said property to a particular place, or at a particular time, and thereafter abandons said property, secretes, converts, sells or attempts to sell the same or any part thereof.
Ala. Code § 13A-8-117 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-117
Section 13A-8-117 Forfeiture of Certain Computers, Software, Etc
Status: in_force

(a) On conviction of a violation of this article or any other violation of the criminal laws of Alabama, the court shall order that any computer, computer system, computer network, instrument of communication, software or data that was owned or used by the defendant with the owner’s knowledge of the unlawful act or where the owner had reason to know of the unlawful act, and that was used in the commission of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly disposed. If the defendant is a minor, it also includes the above listed property of the parent or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation or forfeiture of such thing shall be the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic beverages are illegally transported. If the computer, computer system, computer network, instrument of communication, software, or data that was used by a defendant, in conjunction with a violation of this article, is owned or leased by the defendant’s employer or a client or vendor of the defendant’s employer and such owner or lessor did not authorize the activity violating the article, this section shall not apply.

(b) When property is forfeited under this article or any other violation of the criminal laws of Alabama, the court may award the property to any state, county, or municipal law enforcement agency or department who participated in the investigation or prosecution of the offense given rise to the seizure. The recipient law enforcement agency shall use such property for law enforcement purposes but, at its discretion, may transfer the tangible property to another governmental department or agency to support crime prevention. The agencies may sell that which is not required to be destroyed and which is not harmful to the public. The proceeds from a sale authorized by this article shall be used first for payment of all proper expenses of the proceedings for forfeiture and sale and the remaining proceeds from the sale shall be awarded and distributed by the court to the participating agencies to be used exclusively for law enforcement purposes.

(c) Pursuant to Section 15-18-67, and in addition to any other cost ordered pursuant to law, the district attorney may request and the court may order the defendant to pay the cost of prosecution or investigation, or both. Restitution shall include any and all costs associated with the violation of the criminal laws of this state.
Ala. Code § 13A-6-281 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-281
Section 13A-6-281 Definitions
Status: in_force

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.
Ala. Code § 13A-9-81 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-81
Section 13A-9-81 Charitable Organizations and Other Persons Required to Place Disclosure Labels on Containers Used for Soliciting Funds
Status: in_force

Any container used by any person, nonprofit corporation, or charitable organization, or an agent of any of these, whether paid or not paid, in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label as defined by Section 13A- 9-80.
Ala. Code § 13A-2-22 — Alabama Code / Title 13A / Chapter 2 / Section 13A-2-22
Section 13A-2-22 Criminal Liability Based Upon Behavior of Another - Conduct of an Innocent Person
Status: in_force

(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.
Ala. Code § 13A-6-43 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-43
Section 13A-6-43 Kidnapping in the First Degree. (Amended by Act 2026-375)
Status: in_force

AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A person commits the crime of kidnapping in the first degree if he abducts another person with intent to

(1) Hold him for ransom or reward; or

(2) Use him as a shield or hostage; or

(3) Accomplish or aid the commission of any felony or flight therefrom; or

(4) Inflict physical injury upon him, or to violate or abuse him sexually; or

(5) Terrorize him or a third person; or

(6) Interfere with the performance of any governmental or political function.

(b) A person does not commit the crime of kidnapping in the first degree if he voluntarily releases the victim alive, and not suffering from serious physical injury, in a safe place prior to apprehension. The burden of injecting the issue of voluntary safe release is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for or preclude a conviction of kidnapping in the second degree or any other crime.

(c) Kidnapping in the first degree is a Class A felony.
Ala. Code § 13A-6-200 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-200
Section 13A-6-200 Remedies
Status: in_force

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.
Ala. Code § 13A-11-162 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-162
Section 13A-11-162 Indictment for Libel
Status: in_force

An indictment for a libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment is founded; it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be proved on the trial.
Ala. Code § 13A-10-201 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-201
Section 13A-10-201 Separate Offenses
Status: in_force

Each violation of the provisions of Act 2009-718 shall be considered a separate offense.
Ala. Code § 13A-11-271 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-271
Section 13A-11-271 Fraudulent Sale of a Motor Vehicle Without an Airbag
Status: reserved

Repealed by Act 2014-138, §2, effective June 1, 2014.
Ala. Code § 13A-8-113 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-113
Section 13A-8-113 Encoded Data Fraud
Status: in_force

(a) A person commits the crime of encoded data fraud by:

(1) Knowingly and with the intent to commit an unlawful act or to defraud, possessing a scanning device; or knowingly and with intent to commit an unlawful act or defraud, using or attempting to use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on an identification document by means of magnetic strip, integrated circuit, or radio frequency identification tag without the permission of the authorized user or issuer of the identification document.

(2) Knowingly and with the intent to commit an unlawful act or to defraud, possessing a reencoder; or knowingly and with intent to commit an unlawful act or defraud, using or attempting to use a reencoder to place encoded information on an identification document by means of magnetic strip, integrated circuit, or radio frequency identification tag without the permission of the authorized user or issuer of the identification document from which the information is being reencoded.

(3) Knowingly and with intent to commit an unlawful act or to defraud, possess any purported credit or debit card that was not legitimately issued by a financial institution, company, governmental agency, or other card issuer. If any credit or debit card contains conflicting identifying information, this conflict shall create a rebuttable presumption of intent to commit an unlawful act or to defraud and that the credit or debit card was not legitimately issued.

(b) Any person violating this section, upon conviction, shall be guilty of a Class C felony. For the purposes of charges under subdivision (3) of subsection (a), the possession of each credit or debit card shall be charged as a separate count.

(c) Any scanning device, reencoder, or credit or debit card owned by the defendant and possessed or used in violation of this section may be seized and be destroyed as contraband by the investigating law enforcement agency by which the scanning device, reencoder, or credit or debit card was seized.
Ala. Code § 13A-6-142 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-142
Section 13A-6-142 Violation of a Domestic Violation Protection Order; Penalties. (Amended by Act 2026-532)
Status: in_force

AMENDED BY ACT 2026-532, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A person commits the crime of violation of a domestic violence protection order if the person knowingly commits any act prohibited by a domestic violence protection order or willfully fails to abide by any term of a domestic violence protection order.

(b) A violation of a domestic violence protection order is a Class A misdemeanor which shall be punishable as provided by law. A second conviction for violation of a domestic violence protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may not be suspended. A third or subsequent conviction is a Class C felony.

(c) In addition to any other fine or penalty provided by law, the court shall order the defendant to pay an additional fine of fifty dollars ($50) for a violation of a domestic violence protection order to be distributed to the Domestic Violence Trust Fund, established by Section 30-6-11.
Ala. Code § 13A-10-36 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-36
Section 13A-10-36 Promoting Prison Contraband in the First Degree
Status: in_force

(a) A person is guilty of promoting prison contraband in the first degree if he or she does either of the following:

(1) Intentionally and unlawfully introduces within a detention facility, or provides an inmate or juvenile with, any deadly weapon, instrument, tool, or other item that may be useful for escape.

(2) Being a person confined in a detention facility, intentionally and unlawfully makes, obtains, or possesses any deadly weapon, instrument, tool, or other item that may be useful for escape.

(b) Promoting prison contraband in the first degree is a Class C felony.
Ala. Code § 13A-12-120 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-120
Section 13A-12-120 Prostitution Defined
Status: in_force

For the purpose of this division, the term prostitution shall mean the commission by a person of any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of value.
Ala. Code § 13A-11-72.2 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-72.2
Section 13A-11-72.2 Firearm Possession Prohibited for Persons Charged with Certain Felony Offenses When Released Pending or During Trial
Status: in_force

(a) It shall be unlawful for any person to knowingly have a firearm in his or her possession or under his or her control when the person has been charged with committing or attempting to commit a crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense as listed in Section 12-25-32(15), and thereafter has been released pending or during trial.

(b) Unless waived by the defendant, a person may not be convicted of violating this section unless the person is first convicted of the crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense listed in Section 12-25-32(15), or a lesser included offense, which gave rise to the charge and for which the person was released pending or during trial.

(c) A person who violates this section shall be guilty of a Class C felony.
Ala. Code § 13A-11-61.2 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-61.2
Section 13A-11-61.2 Possession of Firearms in Certain Places
Status: in_force

(a) In addition to any other place limited or prohibited by state or federal law, a person, including a person with a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85, may not knowingly possess or carry a firearm in any of the following places without the express permission of a person or entity with authority over the premises:

(1) Inside the building of a police, sheriff, or highway patrol station.

(2) Inside or on the premises of a prison, jail, halfway house, community corrections facility, or other detention facility for those who have been charged with or convicted of a criminal or juvenile offense.

(3) Inside a facility that provides inpatient or custodial care of those with psychiatric, mental, or emotional disorders.

(4)a. Inside a courthouse, courthouse annex, a building in which a district attorney’s office is located, a building in which a county commission or city council is currently having a regularly scheduled or specially called meeting, or the primary office of any elected official.

b. For purposes of this subdivision, “courthouse annex” means either of the following:

1. A building constructed, purchased, or repurposed as part of a courthouse complex, judicial complex, or probate court, for so long as the building is actively and regularly used for that purpose.

2. A building or part of a building that, by order of any judge or probate judge, is having regularly scheduled or specially called judicial proceedings. A building or part of a building that is a courthouse annex pursuant to this subparagraph shall be a courthouse annex only for the duration of the judicial proceedings and any other related activities that the judge orders necessary.

(5) Inside any facility hosting an athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education, unless the person has a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85.

(6) Inside any facility hosting a professional athletic event not related to or involving firearms, unless the person has a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85.

(b)(1) Notwithstanding the provisions of subsection (a), and in addition to any other place where possession of a firearm or a pistol is prohibited by federal or state law or may be prohibited pursuant to federal or state law, including, but not limited to, Section 13A-11-52, a person, including a person with a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85, without the express permission of a person or entity with authority over the premises, may not knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers that prevent persons entering the facility from bringing prohibited items into the facility.

(2) It is not a violation of subsection (a) or this subsection to knowingly possess or carry a firearm at a location described in subsection (a) or this subsection if the location is also a sheriff’s office that issues pistol permits and the pistol remains inside of a locked vehicle at all times while the person is on the premises.

(3) Nothing in this subsection otherwise restricts the possession, transportation, or storage of a lawfully possessed firearm or ammunition in an employee’s privately owned motor vehicle while parked or operated in a public or private parking area provided the employee complies with the requirements of Section 13A-11-90.

(c) The person or entity with authority over the premises set forth in subdivision (1) to (6), inclusive, of subsection (a) and subsection (b) shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited.

(d) Any firearm on the premises of any facility set forth in subdivision (a)(1), or subdivisions (4) to (6) inclusive, of subsection (a), or subsection (b) shall be kept from ordinary observation and locked within a compartment or in the interior of the person’s motor vehicle or in a compartment or container securely affixed to the motor vehicle.

(e) A violation of subsection (a), (b), or (d) is a Class C misdemeanor.

(f) This section shall not prohibit any person from possessing a firearm within the person’s residence or during ingress or egress thereto.

(g) Prohibitions regarding the carrying of a firearm under this section shall not apply to law enforcement officers engaged in the lawful execution of their official duties or a qualified retired law enforcement officer. For purposes of this section, qualified retired law enforcement officer shall mean a retired officer who meets all of the following requirements:

(1) Was separated from service in good standing from service with a public agency as a law enforcement officer.

(2) Before separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest.

(3) Before separation, served as a law enforcement officer for an aggregate of 10 years or more and separated from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by the agency.

(4) During the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the state in which the individual resides or, if the state has not established such standards, either a law enforcement agency within the state in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state.

(5) Has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health, and as a result, will not be issued the photographic identification described in subdivision (8) and has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subdivision (8).

(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.

(7) Is not prohibited by state or federal law from receiving a firearm.

(8) Is carrying any of the following identification documents:

a. A photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm.

b. A photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer, and a certification issued by the state in which the individual resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers within that state that indicates that the individual, not less than one year before the date the individual is carrying the concealed firearm, has been tested or otherwise found by the state or a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers within that state to have met either of the following:

1. The active duty standards for qualification in firearms training, as established by the state, to carry a firearm of the same type as the concealed firearm.

2. If the state has not established such standards, standards set by any law enforcement agency within that state to carry a firearm of the same type as the concealed firearm.

(h) Nothing in this section shall be construed to authorize the carrying or possession of a firearm where prohibited by federal law.
Ala. Code § 13A-11-70 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-70
Section 13A-11-70 Definitions
Status: in_force

For the purposes of this division, the following terms shall have the respective meanings ascribed by this section:

(1) COMMISSION. The Alabama Justice Information Commission.

(2) CONCEALED CARRY PERMIT or PISTOL PERMIT. A permit to carry a pistol in a vehicle or concealed on or about his or her person within the state.

(3) CRIME OF VIOLENCE. Any of the following crimes or an attempt to commit any of them, namely, murder, manslaughter, (except manslaughter arising out of the operation of a vehicle), rape, mayhem, assault with intent to rob, assault with intent to ravish, assault with intent to murder, robbery, burglary, and kidnapping. “Crime of violence” shall also mean any Class A felony or any Class B felony that has as an element serious physical injury, the distribution or manufacture of a controlled substance, or is of a sexual nature involving a child under the age of 12.

(4) HONORABLY DISCHARGED VETERAN. An individual honorably discharged from active duty in the Army, the Navy, the Marine Corps, the Air Force, the Space Force, or the Coast Guard of the United States, or any reserve or National Guard component of the United States Armed Forces, as evidenced by his or her DD Form 214, Record and Report of Separation Honorable Discharge Record, or other applicable documentation.

(5) LIFETIME CONCEALED CARRY PERMIT or LIFETIME CARRY PERMIT. A concealed carry permit that is valid for the lifetime of the permit holder.

(6) PERSON. Such term includes any firm, partnership, association, or corporation.

(7) PISTOL. Any firearm with a barrel less than 12 inches in length.

(8) RETIRED MILITARY VETERAN. An individual who is a retiree from active duty in the Army, the Navy, the Marine Corps, the Air Force, the Space Force, or the Coast Guard of the United States, or any reserve or National Guard component of the United States Armed Forces.

(9) SERVICE MEMBER. An individual who is in military service and is a member of the armed services or reserve forces of the United States or a member of the Alabama National Guard.
Ala. Code § 13A-10-125 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-125
Section 13A-10-125 Bribing a Juror
Status: in_force

(a) A person commits the crime of bribing a juror if he offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror’s vote, opinion, decision or other action as a juror will thereby be corruptly influenced.

(b) Bribing a juror is a Class C felony.
Ala. Code § 13A-9-12 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-12
Section 13A-9-12 Offering False Instrument for Recording; Nullification or Expungement from Record. (Amended by Act 2026-536)
Status: in_force

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A person commits the crime of offering a false instrument for recording if, knowing that a written instrument relating to or affecting real or personal property, or an interest therein, or directly affecting contractual relationships contains a material false statement or material false information, and with intent to defraud, he presents or offers it to a public office or a public employee, with the knowledge that it will be registered, filed or recorded or become a part of the records of that public office or public employee.

(b) Offering a false instrument for recording is a Class A misdemeanor.

(c) A person commits the crime of offering a false instrument for recording against a public servant if the person offers, for recording, a written instrument which relates to or affects the real or personal property, or an interest therein, or a contractual relationship of a public servant, knowing that the written instrument contains a materially false statement or materially false information, with the intent to defraud, intimidate, or harass the public servant, or to impede the public servant in the performance of his or her duties. For the purposes of this subsection, public servant is defined as in Section 13A-10-1.

(d) Offering a false instrument for recording against a public servant is a Class C felony.

(e) A recording official may nullify or expunge from an official record a false or fraudulent lien or instrument. A person or entity whose rights are affected by the filing of a lien or other instrument may petition a recording official to nullify or expunge the filing. If a lien or instrument is recorded with more than one recording official, then the petitioner may file such a petition with any such recording official, but may file only one such petition and any decision rendered on that petition in accordance with the procedures outlined in this subsection shall be equally applicable to all other filings. Such petition shall be in writing and sworn under oath and based upon the personal knowledge of the petitioner. A copy of such petition shall be delivered via certified and first class mail to the person or entity who filed the lien or instrument or who claims the rights or interests thereby at an address shown on the lien or instrument. Within 14 days of the filing of such a petition, the recording official shall give written notice of the filing of the petition to the person or entity who filed the lien or instrument or who claims the rights or interests thereby. Such notice shall be sent by certified and first class mail, shall be deemed delivered when placed in the mail, and shall state that any additional proof of the validity of the lien or instrument shall be filed with the recording official within 14 days of the date of mailing the notice and that the failure to do so could result in the lien or instrument being nullified or expunged. If the recording official does not grant the petition within 28 days of the date that it is filed, the petition shall be deemed denied. An order granting or denying a petition, if rendered, shall be delivered to the parties by the recording official by certified first class mail, but shall not be enforced, acted upon, or effective before the expiration of 28 days from the date of mailing or the final adjudication of any and all appeals of that decision, at which time any final order granting the petition shall be recorded and indexed in order to provide notice that the lien or instrument has been nullified or expunged. A party may appeal the decision of the recording official to the circuit court of any county where the lien or instrument was filed or to the Circuit Court of Montgomery County, Alabama. Such appeals must be filed within 28 days of the recording official’s order or deemed denied. Such appeals shall be filed and commenced as a civil action under the Alabama Rules of Civil Procedure, which shall otherwise apply to such actions on appeal. A notice of the appeal shall also be filed with the recording official, who shall file the notice as a lis pendens filing. The appeal shall be de novo by the circuit court without a jury. The prevailing party on appeal shall be entitled to a judgement against the other party for the prevailing party’s attorneys fees and expenses arising out of and relating to the appeal, and court costs shall be taxed against the non-prevailing party. The remedy and procedure provided in this subsection is not exclusive or mandatory. Nothing in this subsection shall prevent the enforcement or challenge of any recorded lien or instrument as may otherwise be allowed by law. Nothing in this section alters or modifies any other requirements for the filing, enforcement, or challenge of any lien or instrument required or allowed by law.
Ala. Code § 13A-8-201 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-201
Section 13A-8-201 Reissuance of Identification Documents
Status: in_force

Upon request by a victim of a crime created by this article, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this article shall be reissued at no charge to the victim. An agency may require proof of the criminal activity, such as a police report, before reissuing the identification documents.
Ala. Code § 13A-9-1 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-1
Section 13A-9-1 Definitions
Status: in_force

The following definitions are applicable in this article unless the context otherwise requires:

(1) WRITTEN INSTRUMENT. Such term means:

a. Any paper, document or other instrument containing written or printed matter or its equivalent; and b. Any token, stamp, seal, badge, trademark or other evidence or symbol of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

(2) COMPLETE WRITTEN INSTRUMENT. One which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.

(3) INCOMPLETE WRITTEN INSTRUMENT. One which contains some matter by way of content or authentication, but which requires additional matter in order to render it a complete written instrument.

(4) FALSELY MAKE. To “falsely make” a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument, which purports to be authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof.

(5) FALSELY COMPLETE. To “falsely complete” a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without lawful authority, so that the completed written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

(6) FALSELY ALTER. To “falsely alter” a written instrument means to change, without lawful authority, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, addition or transportation of matter, or in any other manner, so that the instrument so changed falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

(7) FORGED INSTRUMENT. A written instrument which has been falsely made, completed or altered.

(8) INTENT TO DEFRAUD. A purpose to use deception, as defined in Section 13A-8-1(1), or to injure another person’s interest which has value, as defined in Section 13A-8-1(14).

(9) PROPERTY. Such term is defined as in Section 13A-8-1(10).

(10) SERVICES. Such term is defined as in Section 13A-8-10(b).

(11) GOVERNMENT. Such term is defined as in Section 13A-8-1(5).

(12) UTTER. To “utter” means to directly or indirectly offer, assert, declare or put forth a forged instrument as genuine.
Ala. Code § 13A-11-30 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-30
Section 13A-11-30 Definitions
Status: in_force

The following definitions apply to this article:

(1) EAVESDROP. To overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law.

(2) PRIVATE PLACE. A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access.

(3) SURVEILLANCE. Secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person observed.
Ala. Code § 13A-2-5 — Alabama Code / Title 13A / Chapter 2 / Section 13A-2-5
Section 13A-2-5 Causal Relationship Between Conduct and Results; Relationship to Mental Culpability
Status: in_force

(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.
Ala. Code § 13A-11-34 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-34
Section 13A-11-34 Criminal Possession of Eavesdropping Device
Status: in_force

(a) A person commits the crime of criminal possession of an eavesdropping device if he possesses, manufactures, sends or transports any device designed or commonly used for eavesdropping, and:

(1) Intends to use that device to eavesdrop; or

(2) Knows that another person intends to use that device to eavesdrop.

(b) Criminal possession of an eavesdropping device is a Class A misdemeanor.
Ala. Code § 13A-10-53 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-53
Section 13A-10-53 Defense
Status: in_force

It is an affirmative defense to prosecution under this article that the arrest was unlawful or that the person operating the motor vehicle was aware of the signal from the law enforcement officer to bring the vehicle to a stop and the person stopped his or her vehicle within a reasonable time and at a reasonable location based on the facts and circumstances of the stop.
Ala. Code § 13A-9-80 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-80
Section 13A-9-80 Definitions
Status: in_force

The following words and phrases used in this article shall have the following meanings unless a different meaning is required by the context:

(1) CHARITABLE ORGANIZATION. A person or nonprofit corporation who is or holds himself or herself out to be established for a benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or other eleemosynary purpose, or a person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly or indirectly, that the solicitation is for a charitable purpose. Charitable organization includes a person, chapter, branch, area office, or a similar affiliate, or agent of any of these, soliciting contributions within the state for a charitable organization or cause that has its principal place of business within or without the state.

(2) CHARITABLE PURPOSE. Any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code.

(3) CONTAINER. Box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution, for solicitation purposes.

(4) DISCLOSURE LABEL. A printed or typed notice affixed to a container, in a conspicuous place and accessible to the public, that is easily readable and legible that informs the public of the following:

a. The approximate annual percentage paid, if any, to any individual or organization to maintain, service, or collect the contributions raised by the solicitation.

b. The net percentage or sum annually paid for the most recent calendar year paid to the specific charitable purpose.

c. If the maintenance, service, and collection from the container is done by volunteers or by paid individuals.
Ala. Code § 13A-11-51 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-51
Section 13A-11-51 Evidence of Apprehension of Attack May Mitigate Punishment, Etc
Status: in_force

The defendant being tried under the provisions of Section 13A-11-50 may give evidence that at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the jury may consider in mitigation of the punishment or in justification of the offense.
Ala. Code § 13A-9-51 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-51
Section 13A-9-51 Misapplication of Property
Status: in_force

(a) A person commits the crime of misapplication of property if, with knowledge that he is misapplying and that the misapplication involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted, he misapplies or disposes of property that has been entrusted to him as a fiduciary or that is property of the government or a financial institution.

(b) “Fiduciary” includes a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

(c) To “misapply” means to deal with the property contrary to law or governmental regulation of the custody or disposition of that property; “governmental regulation” includes administrative and judicial rules and orders as well as statutes and ordinances.

(d) Misapplication of property is a Class A misdemeanor.
Ala. Code § 13A-11-124 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-124
Section 13A-11-124 Making False Statements to Obtain Workers’ Compensation Benefits
Status: in_force

Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining compensation, as defined in Section 25-5-1(1), as amended, for himself or herself or any other person is guilty of a Class C felony.
Ala. Code § 13A-11-43 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-43
Section 13A-11-43 Exceptions; Destruction of Photographs, Recordings, Etc
Status: in_force

(a) Section 13A-11-42 does not apply to viewing, photographing, or filming by personnel of the Department of Corrections or of a local jail or correctional facility for security purposes or during investigation of an alleged misconduct by a person in the custody of the Department of Corrections or the local jail or correctional facility.

(b) Notwithstanding ordinary rules of court and preservation of evidence, if a person is adjudicated or convicted of a violation of Section 13A-11-41 or Section 13A-11-42, a court may order the destruction of any photograph, motion picture film, digital image, digital video, videotape, or any other recording of an image that was made by the person in violation of this article; provided that the victim, or victim’s representative, is provided with written notice 90 days before the destruction is to occur. Except as prohibited by state or federal law, the victim, or victim’s representative, shall retain the right to possess any photograph, motion picture film, digital image, videotape, or any other recording of an image.
Ala. Code § 13A-7-4.3 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-4.3
Section 13A-7-4.3 Unauthorized Entry of a Critical Infrastructure Facility
Status: in_force

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

(1) CRITICAL INFRASTRUCTURE. A system or asset, whether physical or virtual, so vital to the United States that the incapacity or destruction of the system or asset would have a debilitating impact on security, national economic security, national public health, or national public safety.

(2) CRITICAL INFRASTRUCTURE FACILITY. The term includes, but is not limited to, any of the following, including any critical infrastructure located on or in any of the following types of facilities:

a. A chemical, polymer, or rubber manufacturing facility.

b. A pipeline.

c. A refinery.

d. An electrical power generating facility.

e. The area surrounding an electrical power generating facility.

f. An electrical transmission tower.

g. An electrical substation or distribution substation.

h. An electric utility control center.

i. Electrical communication equipment.

j. An electrical switching station.

k. Electric power lines, power storage equipment, or other utility equipment.

l. Any portion of a public water system or public wastewater treatment system.

m. A natural gas transmission compressor station.

n. A liquefied natural gas (LNG) terminal or storage facility.

o. A natural gas distribution facility, including, but not limited to, a pipeline interconnection, a city gate or town border station, a metering station, aboveground piping, a regular station, or a natural gas or hydrocarbon storage or production facility.

p. A mining operation.

q. Beneficiation infrastructure or mining infrastructure.

r. A transportation facility such as a port, airport, railroad operating facility, or trucking terminal.

s. Communications service infrastructure or facilities, as defined under Section 37-17-1.

t. A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids.

u. A steelmaking facility that uses an electric arc furnace.

v. A dam that is regulated by the state or federal government.

w. A crude oil or refined products storage or distribution facility, including, but not limited to, a valve site, a pipeline interconnection, a pump station, a metering station, below ground piping, above ground piping, or a truck loading or offloading facility.

x. A defense contractor facility.

y. A pulp and paper manufacturing facility.

(3) FRAUDULENT DOCUMENTS FOR IDENTIFICATION PURPOSES. A document that is presented as being a bona fide document that provides personal identification information but which, in fact, is false, forged, altered, or counterfeit.

(4) PERSON. An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, limited liability company, or unincorporated nonprofit association having a separate legal existence under state law.

(5) UNMANNED AIRCRAFT SYSTEM. A powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, may fly autonomously through an onboard computer or be piloted remotely, and may be expendable or recoverable. The term does not include a satellite orbiting the Earth or a spacecraft beyond Earth’s atmosphere and may not be construed to implicate the provider of a telecommunications link between an owner or operator of an unmanned aircraft system and the unmanned aircraft system.

(b) A person commits the crime of unauthorized entry of a critical infrastructure facility if the person does any of the following:

(1) Intentionally enters without authority into any structure or onto any premises belonging to another that constitutes in whole or in part a critical infrastructure facility that is completely enclosed by any type of physical barrier or clearly marked with a sign or signs that are posted in a conspicuous manner and indicate that unauthorized entry is forbidden.

(2) Uses or attempts to use a fraudulent document for identification for the purpose of entering a critical infrastructure facility.

(3) Remains on the premises of a critical infrastructure facility after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the property or by any other authorized person.

(4) Intentionally enters into a restricted area of a critical infrastructure facility which is marked as a restricted or limited access area, or which is completely enclosed by any type of physical barrier, when the person is not authorized to enter the restricted or limited access area.

(c) A person who commits the crime of unauthorized entry of a critical infrastructure facility is guilty of a Class A misdemeanor.

(d) If a person intentionally, recklessly, or with criminal negligence injures, removes, destroys, or breaks critical infrastructure property, or otherwise interrupts or interferes with the operations of a critical infrastructure asset, the person is guilty of a Class C felony.

(e) A person who commits the crime of unauthorized entry of a critical infrastructure facility while possessing or operating an unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition is guilty of a Class C felony.

(f) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including, but not limited to, any labor dispute between any employer and its employee.

(g) Nothing in this section shall be construed to prohibit the state, a county, or a municipality from taking any lawful action on their respective rights-of-way.

(h) Nothing in subsection (b) or (d) shall apply to any act committed by a person within the scope of his or her employment. For purposes of this subsection, the scope of a person’s employment shall include the performance of actions that are necessary for the performance of a lawful work assignment.
Ala. Code § 13A-6-80 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-80
Section 13A-6-80 Applicability; Definitions
Status: in_force

(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.
Ala. Code § 13A-6-122 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-122
Section 13A-6-122 Electronic Solicitation of a Child
Status: in_force

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.
Ala. Code § 13A-5-40 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-40
Section 13A-5-40 Capital Offenses. (Amended by Act 2026-55)
Status: in_force

AMENDED BY ACT 2026-55 , EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The following are capital offenses:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(19) Murder by the defendant where a court had issued a protective order for the victim, against the defendant, pursuant to Section 30-5-1 et seq., or the protective order was issued as a condition of the defendant’s pretrial release.

(20) Murder 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 purposes of this subsection, “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.

(21) Murder when the victim is a first responder who is 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 and firefighters and volunteer firefighters as defined by Section 36-32-1.

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

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

(d) To the extent that a crime other than murder is an element of a capital offense defined in subsection (a), a defendant’s guilt of that other crime may also be established under Section 13A-2-23. When the defendant’s guilt of that other crime is established under Section 13A-2-23, that crime shall be deemed to have been “committed by the defendant” within the meaning of that phrase as it is used in subsection (a).
Ala. Code § 13A-9-73 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-73
Section 13A-9-73 Charitable Fraud in the First Degree
Status: in_force

(a) Theft of property by charitable fraud which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud in the first degree.

(b) Theft of property by charitable fraud in the first degree is a Class B felony.
Ala. Code § 13A-11-224 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-224
Section 13A-11-224 Storing Gunpowder, Etc., in City or Town
Status: in_force

Any person who keeps on hand, at any one time, within the limits of any incorporated city or town, for sale or for use, more than 50 pounds of gunpowder or other explosives shall, on conviction, be fined not less than $100.00.
Ala. Code § 13A-8-32 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-32
Section 13A-8-32 Inspections
Status: in_force

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.
Ala. Code § 13A-8-70 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-70
Section 13A-8-70 “Traffic Sign” Defined
Status: in_force

As used in this article, the term “traffic sign” shall mean any traffic sign, traffic signal, warning sign, guideboard, milepost, road marker, emergency telephone sign, or any similar sign, signal, or device used by the state or any political subdivision of the state on the highways, roads, bridges, or streets of this state for the warning, instruction, or information of the public.
Ala. Code § 13A-6-121 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-121
Section 13A-6-121 Facilitating Solicitation of Unlawful Sexual Conduct with a Child
Status: in_force

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.
Ala. Code § 13A-6-62 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-62
Section 13A-6-62 Rape in the Second Degree
Status: in_force

(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.
Ala. Code § 13A-7-29 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-29
Section 13A-7-29 Criminal Littering
Status: in_force

(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.
Ala. Code § 13A-3-26 — Alabama Code / Title 13A / Chapter 3 / Section 13A-3-26
Section 13A-3-26 Use of Force in Defense of Property Other Than Premises
Status: in_force

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.
Ala. Code § 13A-6-135 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-135
Section 13A-6-135 Relation to Abuse Laws
Status: in_force

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.
Ala. Code § 13A-2-24 — Alabama Code / Title 13A / Chapter 2 / Section 13A-2-24
Section 13A-2-24 Criminal Liability Based Upon Behavior of Another - Exceptions
Status: in_force

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.
Ala. Code § 13A-11-54 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-54
Section 13A-11-54 Carrying Rifle or Shotgun Walking Cane
Status: in_force

Any person who carries a rifle or shotgun walking cane shall, on conviction, be fined not less than $500.00 nor more than $1,000.00, and be imprisoned in the penitentiary not less than two years.
Ala. Code § 13A-8-11 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-11
Section 13A-8-11 Unauthorized Use of Vehicle; Unlawful Breaking and Entering a Vehicle
Status: in_force

(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.
Ala. Code § 13A-9-2 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-2
Section 13A-9-2 Forgery in the First Degree
Status: in_force

(a) A person commits the crime of forgery in the first degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

(1) Part of an issue or series of stamps, securities or other valuable instruments issued by a government or governmental agency; or

(2) Part of an issue or series of stock, bonds or other instruments representing interests in or claims against a business enterprise or its property.

(b) Forgery in the first degree is a Class B felony.
Ala. Code § 13A-10-193 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-193
Section 13A-10-193 Destructive Device or Bacteriological or Biological Weapon - Possession, Manufacture, Transportation, or Distribution
Status: in_force

(a) It shall be unlawful for any person to possess, manufacture, transport, or distribute a destructive device or bacteriological or biological weapon, except as provided in this article.

(b) A person convicted of a violation of subsection (a) shall be guilty of a Class B felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than twenty-five thousand dollars ($25,000) nor more than one hundred thousand dollars ($100,000). A corporation or other entity may also be sentenced to perform not less than 5,000 nor more than 10,000 hours of community service.
Ala. Code § 13A-6-28 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-28
Section 13A-6-28 Cross or American Flag Burning
Status: in_force

(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.
Ala. Code § 13A-1-10 — Alabama Code / Title 13A / Chapter 1 / Section 13A-1-10
Section 13A-1-10 Pending Proceedings, Rights and Liabilities Not Affected
Status: in_force

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.
Ala. Code § 13A-11-272 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-272
Section 13A-11-272 Construction of Article
Status: in_force

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.
Ala. Code § 13A-11-83 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-83
Section 13A-11-83 Antique Pistols
Status: in_force

This division shall not apply to the purchase, possession or sale of pistols as curiosities or ornaments or to the transportation of such pistols unloaded and in a bag, box or securely wrapped package, but not concealed on the person.
Ala. Code § 13A-11-77 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-77
Section 13A-11-77 Sales Regulated; Application for Purchase
Status: reserved

Repealed by Act 2000-762, §2, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 13A-8-170 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-170
Section 13A-8-170 Violation and Penalties
Status: in_force

(a) No person shall drive his or her motor vehicle off the premises of an establishment where gasoline is offered for retail sale after dispensing gasoline into the fuel tank of his or her motor vehicle if the person fails to remit payment or make an authorized charge for the gasoline that was dispensed.

(b) A person who violates this section shall be guilty of a Class A misdemeanor.

(c) The driver’s license of a person convicted for a second or subsequent offense of violating this section shall be suspended as follows:

(1) On a second conviction, the driver’s license of the person shall be suspended for a period of six months.

(2) On a third or subsequent conviction, the driver’s license of the person shall be suspended for a period of one year.

(d) The person shall submit the driver’s license to the court upon conviction and the court shall forward the driver’s license to the Alabama State Law Enforcement Agency.
Ala. Code § 13A-8-34 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-34
Section 13A-8-34 Contesting Identification or Ownership of Metal Property
Status: in_force

(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.
Ala. Code § 13A-6-263 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-263
Section 13A-6-263 Annual Report
Status: in_force

The Attorney General, in coordination with the district attorneys, shall annually report to the Legislature the number of convictions secured under this article.
Ala. Code § 13A-11-260 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-260
Section 13A-11-260 Definitions
Status: in_force

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

(1) CONTAINMENT AREA. Any area used to hold a police animal or search and rescue animal regardless whether on duty or off duty, including, but not limited to, a kennel, car unit, trailer, tent, staging area, stable, paddock, tie-out, or fenced area or pasture.

(2) HANDLER. A peace officer, firefighter, search and rescue person, or other specifically trained individual who uses a police animal or search and rescue animal in the performance of his or her duties. For purposes of this article, a peace officer and firefighter are defined in Section 36-30-1.

(3) HARASS. Any act or omission, or attempted act or omission, with or without actual physical contact, which results or could result in harm, disabling, restriction, control of the animal, or a distraction from duties of the animal or handler including, but not limited, to the following:

a. Taunting, teasing, tormenting, mistreating, spitting, shouting, inappropriate gesturing or noises, or approaching in a menacing fashion.

b. Poking, prodding, striking, or kicking.

c. Spraying, throwing, pushing, or otherwise projecting an item or substance, including a flash of light or laser, in a manner likely to cause harm or distraction from duties.

d. Placing food, drugs, chemicals, poison, or other items in the path, area of operation, or containment.

(4) PHYSICAL HARM. Any injury, illness, or other impairment, regardless of its gravity or duration.

(5) POLICE ANIMAL. An animal, generally a dog or horse, which is not a human, with specialized training or in the process of specialized training, which is used by, and under the control of a peace officer, Class One Railroad Officer or special agent, or firefighter, in the performance of his or her duties.

(6) SEARCH AND RESCUE ANIMAL. Any animal with specialized training or in the process of specialized training, which is utilized for the principal purpose of aiding in the detection of missing persons, including, but not limited to, tracking persons who are lost or missing regardless whether living or deceased, sometimes referred to as a “SAR” animal.

(7) SERIOUS PHYSICAL HARM. Any physical harm that carries a substantial risk of death, permanent or temporary maiming or disfigurement, or that causes pain or suffering of any gravity or duration.
Ala. Code § 13A-10-31 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-31
Section 13A-10-31 Escape in the First Degree
Status: in_force

(a) A person commits the crime of escape in the first degree if:

(1) He employs physical force, a threat of physical force, a deadly weapon or a dangerous instrument in escaping or attempting to escape from custody; or

(2) Having been convicted of a felony, he escapes or attempts to escape from custody imposed pursuant to that conviction.

(b) Escape in the first degree is a Class B felony.
Ala. Code § 13A-9-112 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-112
Section 13A-9-112 Determination of Intent and Knowledge
Status: in_force

Intent and knowledge of a person alleged to have committed home repair fraud shall be determined by an evaluation of all circumstances surrounding a home repair and the determination shall not be limited to the time of the origination of the contract or agreement.
Ala. Code § 13A-10-33 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-33
Section 13A-10-33 Escape in the Third Degree
Status: in_force

(a) A person commits the offense of escape in the third degree if he escapes or attempts to escape from custody.

(b) Escape in the third degree is a Class C felony.
Ala. Code § 13A-10-209 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-209
Section 13A-10-209 Exclusions for Lawfully Intended Purposes
Status: in_force

The provisions of Act 2009-718 shall not apply to any of the following:

(1) Fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their lawfully intended purposes.

(2) A pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7 of Title 2, the Federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the Federal Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended.
Ala. Code § 13A-10-109 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-109
Section 13A-10-109 Unsworn Falsification to Authorities
Status: in_force

(a) A person commits the crime of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of his duty, he makes or submits any written statement, which he does not believe to be true, in an application for pecuniary or other benefit, or a record or report required by law to be submitted to any governmental agency.

(b) The provisions of Sections 13A-10-104 and 13A-10-107 shall be applicable to all prosecutions under this section.

(c) Unsworn falsification to authorities is a Class C misdemeanor.
Ala. Code § 13A-11-17 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-17
Section 13A-11-17 Disrupting a Funeral or Memorial Service
Status: in_force

(a) A person commits the crime of disrupting a funeral or memorial service if, during the 60 minutes immediately preceding a funeral or memorial service that has a scheduled starting time, during the funeral or memorial service, or immediately following the funeral or memorial service, the person does any of the following with the intention of disrupting the funeral or memorial service:

(1) Engages in a protest, including, but not limited to, protest with or without using an electric sound amplification device, that involves singing, chanting, whistling, yelling, or honking a motor vehicle horn within 1,000 feet of the entrance to a facility being used for a funeral or memorial service.

(2) Blocks access to a facility being used for the service.

(3) Impedes vehicles that he or she knows are part of the procession.

(b) For purposes of this section, the term “facility” includes a funeral home, church, or cemetery in which the funeral or memorial service takes place.

(c) A violation of subsection (a) is a Class A misdemeanor for the first conviction and a Class C felony for each subsequent conviction.
Ala. Code § 13A-11-123 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-123
Section 13A-11-123 Maintaining Blacklist
Status: in_force

Any person, firm, corporation or association of persons who maintains what is commonly called a blacklist or notifies any other person, firm, corporation or association that any person has been blacklisted by such person, firm, corporation or association or who uses any other similar means to prevent any person from receiving employment from whomsoever he desires to be employed by shall be guilty of a misdemeanor.
Ala. Code § 13A-8-226 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-226
Section 13A-8-226 Organized Retail Theft
Status: in_force

(a) A person commits the crime of organized retail theft when the person, in association with one or more other persons, knowingly does any of the following:

(1) Organizes, supervises, finances, participates, directs, solicits, or otherwise manages or assists another person in committing organized retail theft.

(2) Removes, destroys, deactivates, or knowingly evades any component of an antishoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing organized retail theft.

(3) Attempts, solicits, or conspires with another person to commit organized retail theft.

(4) Receives, purchases, or possesses retail merchandise for sale or resale knowing or believing the retail merchandise to be stolen is from a retail merchant.

(5) Uses any fraud, artifice, instrument, container, device, or other article to facilitate the commission of organized retail theft.

(6) Remains unlawfully inside a retail establishment after business hours, with the intent to commit a retail theft therein.

(7) Uses a wireless telecommunication device or other digital or electronic device to facilitate the theft of retail merchandise.

(8) Uses a rental or stolen motor vehicle or vehicle of another in the course of committing retail theft for the purposes of the concealment of his or her identity.

(9) Receives, retains, or disposes of retail merchandise knowing that it has been stolen or having reasonable grounds to believe it has been stolen.

(b)(1) Theft of one or more items of retail merchandise, the aggregate value of which exceeds two thousand five hundred dollars ($2,500) in retail value, during a one-year or longer period, constitutes organized retail theft.

(2) Theft of retail merchandise consisting of one or more items of retail merchandise during a 180-day period, the aggregate value of which is one thousand dollars ($1,000) or more, constitutes organized retail theft.

(3) Theft or retail merchandise consisting of one or more items of retail merchandise during a 30-day period, the aggregate value of which is five hundred dollars ($500) or more, constitutes organized retail theft.

(c) It shall be prima facie evidence that a person who violates this section acts knowingly when any of the following apply:

(1) On two or more separate occasions within a year prior of the commission of the instant offense of organized retail theft, the person is found in possession or control of stolen retail merchandise.

(2) The person possesses retail merchandise that has been recently stolen.

(3) The person regularly buys, sells, uses, or handles in the course of business retail merchandise of the sort received, and acquired the retail merchandise without making reasonable inquiry whether the individual selling or delivering the retail merchandise to him or her had a legal right to do so.

(d) The fact that the person or persons who acted in association with the person charged under this article have not been charged, convicted, apprehended, or identified is not a defense to a charge of organized retail theft.

(e) Organized retail theft is a Class B felony.
Ala. Code § 13A-10-102 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-102
Section 13A-10-102 Perjury in the Second Degree
Status: in_force

(a) A person commits the crime of perjury in the second degree if he or she does either of the following:

(1) Swears with intent to mislead a public servant in the performance of the public servant’s duty and his or her false statement is material to the action, proceeding , or matter involved.

(2) Knowingly presents a false document purporting to be a lease agreement, deed, or other instrument conveying or providing a right to or in real property to another person with the intent to civilly detain or to remain upon the real property.

(b) Perjury in the second degree is a Class A misdemeanor.
Ala. Code § 13A-8-232 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-232
Section 13A-8-232 Warrant
Status: in_force

(a) A warrant for the crime of retail theft or organized retail theft may be sworn and issued by a judge or magistrate remotely, digitally, via video link, or by telephone. The physical presence of the affiant before the judge or magistrate is not required.

(b) Other methods of technology not specifically described in subsection (a) may be used to facilitate the oath and issuance of a criminal warrant pursuant to this article upon the approval of the technology by the presiding judge and district attorney of the judicial circuit.
Ala. Code § 13A-10-153 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-153
Section 13A-10-153 Soliciting of Providing Support for an Act of Terrorism
Status: in_force

(a)(1) A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out, or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism, he or she raises, solicits, collects, or provides material support or resources.

(2) Soliciting or providing support for an act of terrorism in the second degree is a Class C felony.

(b)(1) A person commits soliciting or providing support for an act of terrorism in the first degree when he or she commits the crime of soliciting or providing support for an act of terrorism in the second degree and the total value of material support or resources exceeds one thousand dollars ($1,000).

(2) Soliciting or providing support for an act of terrorism in the first degree is a Class B felony.
Ala. Code § 13A-6-22 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-22
Section 13A-6-22 Assault in the Third Degree
Status: in_force

(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.
Ala. Code § 13A-12-20 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-20
Section 13A-12-20 Definitions
Status: in_force

The following definitions apply to this article:

(1) ADVANCE GAMBLING ACTIVITY. A person “advances gambling activity” if he engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person advances gambling activity if, having substantial proprietary control or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits that activity to occur or continue or makes no effort to prevent its occurrence or continuation.

(2) BOOKMAKING. Advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcome of future contingent events.

(3) CONTEST OF CHANCE. Any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

(4) GAMBLING. A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance.

(5) GAMBLING DEVICE. Any device, machine, paraphernalia or equipment that is normally used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. However, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices within this definition.

(6) LOTTERY or POLICY. An unlawful gambling scheme in which:

a. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated by the winning ones; and

b. The winning chances are to be determined by a drawing or by some other fortuitous method; and

c. The holders of the winning chances are to receive something of value.

(7) PARI-MUTUEL, MUTUEL or THE NUMBERS GAME. A form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome of a future contingent event or events otherwise unrelated to the particular scheme.

(8) PLAYER. A person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity.

(9) PROFIT FROM GAMBLING ACTIVITY. A person “profits from gambling activity” if he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he shares or is to share in the proceeds of gambling activity.

(10) SLOT MACHINE. A gambling device that, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value. A device so constructed or readily adaptable or convertible to such use is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because apart from its use or adaptability as such it may also sell or deliver something of value on a basis other than chance.

(11) SOMETHING OF VALUE. Any money or property, any token, object or article exchangeable for money or property or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service entertainment or a privilege of playing at a game or scheme without charge.

(12) UNLAWFUL. Not specifically authorized by law.
Ala. Code § 13A-12-201 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-201
Section 13A-12-201 Short Title
Status: in_force

This division shall be entitled “The Drug Predator Control Act of 1987.”
Ala. Code § 13A-11-186 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-186
Section 13A-11-186 Penalties for Violation of Article
Status: in_force

It shall be unlawful for any person subject to the provisions of this article to fail or refuse to comply with any of the provisions hereof within the time prescribed. Any person violating any provision of this article shall be subject to a fine of not less than $10.00 nor more than $50.00 for each day of violation, or imprisonment in the county jail not less than 10 nor more than 30 days for each day of violation, or both such fine and imprisonment.
Ala. Code § 13A-10-130 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-130
Section 13A-10-130 Interfering with Judicial Proceedings
Status: in_force

(a) A person commits the crime of interfering with judicial proceedings if:

(1) He engages in disorderly, contemptuous or insolent behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due its authority;

(2) He intentionally creates a breach of the peace or disturbance under circumstances directly tending to interrupt a court’s proceedings;

(3) As an attorney, clerk or other officer of the court, he knowingly fails to perform or violates a duty of his office, or knowingly disobeys a lawful directive or order of a court;

(4) Knowing that he is not authorized to practice law, he represents himself to be an attorney and acts as such in a court proceeding; or

(5) He records or attempts to record the deliberation of a jury.

(b) Interfering with judicial proceedings is a Class B misdemeanor.
Ala. Code § 13A-8-10.7 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-10.7
Section 13A-8-10.7 Fifth Wheel Tampering
Status: in_force

(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.
Ala. Code § 13A-10-40.1 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-40.1
Section 13A-10-40.1 Bail Jumping in the Third Degree
Status: in_force

(a) A person commits the crime of bail jumping in the third degree if, having been lawfully released from custody, with or without bail, upon condition that he or she is subject to electronic monitoring, he or she violates any condition of his or her court ordered electronic monitoring.

(b) It is a defense to prosecution under this section that the defendant’s violation was unintentional or was unavoidable and due to circumstances beyond his or her control. The burden of injecting the defense of an unintentional violation, or unavoidability and circumstances beyond his or control, is on the defendant.

(c) Bail jumping in the third degree is a Class C misdemeanor.
Ala. Code § 13A-11-227 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-227
Section 13A-11-227 Operation of a Vehicle Containing a False or Secret Compartment
Status: in_force

(a)(1) It is unlawful for any person to operate any vehicle with knowledge that the vehicle contains a false or secret compartment, the purpose of which compartment is to conceal, hide, or prevent discovery of any one or more of the following by a law enforcement officer:

a. A person concealed for an unlawful purpose.

b. A controlled substance possessed in violation of Article 5, Chapter 12 of this title.

c. Contraband, as defined under Section 20-2-93.

(2) It is unlawful for any person to install, create, build, or fabricate in any vehicle a false or secret compartment, the purpose of which compartment is to conceal, hide, or prevent discovery of any one or more of the following by a law enforcement officer:

a. A person concealed for an unlawful purpose.

b. A controlled substance possessed in violation of Article 5, Chapter 12 of this title.

c. Contraband, as defined under Section 20-2-93.

(3) It is unlawful for any person to sell, trade, or otherwise dispose of a vehicle with knowledge that the vehicle is in violation of this section.

(b) As used in this section, the term “false or secret compartment” does not include compartments that existed in or on the motor vehicle at the time of manufacturing, or accessories offered by the motor vehicle manufacturer, distributor, or licensed dealer.

(c) A legal inference of fact may be inferred that the operator of a vehicle seized in violation of this section had knowledge of a false or secret compartment on the vehicle if the vehicle has a false or secret compartment to which any of the following apply:

(1) The compartment is concealing a person for any unlawful purpose, or there is evidence of the previous concealment of a person for an unlawful purpose.

(2) The compartment is concealing a controlled substance possessed in violation of Article 5, Chapter 12 of this title, or there is evidence of previous unlawful possession of controlled substances.

(3) The compartment is concealing contraband, as defined under Section 20-2-93, or there is evidence of previous concealment of contraband.

(d) Any vehicle seized under this section shall be deemed contraband and may be forfeited pursuant to Section 20-2-93.

(e)(1) Except as provided in subdivision (2), any person who violates this section shall be guilty of a Class A misdemeanor.

(2) A person who violates subdivision (c)(1) shall be guilty of a Class B felony.

(3) Any person who violates this section shall be required to pay a fine of not more than sixty thousand dollars ($60,000).
Ala. Code § 13A-12-200.10 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-200.10
Section 13A-12-200.10 Inapplicability of Criminal Provisions to Libraries and Their Agents or Employees
Status: in_force

The criminal provisions of this division shall not apply to bona fide public libraries, or public school or college or university libraries, or their employees or agents acting on behalf of the legitimate educational purposes of such public libraries, or public school or college or university libraries.
Ala. Code § 13A-6-27 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-27
Section 13A-6-27 Use of Pepper Spray, Etc
Status: in_force

(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.
Ala. Code § 13A-12-270 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-270
Section 13A-12-270 Additional Penalty for Unlawful Sale Within Three-Mile Radius of Public Housing Project
Status: in_force

In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was within a three-mile radius of a public housing project owned by a housing authority.
Ala. Code § 13A-11-58.1 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-58.1
Section 13A-11-58.1 Improper Transfer of Firearm or Weapon; Providing False Information to Dealer
Status: in_force

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

(1) AMMUNITION. Any cartridge, shell, or projectile designed for use in a firearm.

(2) LICENSED DEALER. A person who is licensed pursuant to 18 U.S.C. § 923 or Section 13A-11-79, to engage in the business of dealing in firearms.

(3) MATERIALLY FALSE INFORMATION. Information that portrays an illegal transaction as legal or a legal transaction as illegal.

(4) PRIVATE SELLER. A person who sells or offers for sale any firearm, as defined in Section 13A-8-1(4), or ammunition.

(b) A person who knowingly solicits, persuades, encourages, or entices a licensed dealer or private seller of a firearm or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States is guilty of a Class C felony.

(c) A person who provides to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of the transfer of a firearm or ammunition is guilty of a Class C felony.

(d) This section does not apply to a peace officer acting in his or her official capacity or to a person acting at the direction of a peace officer.
Ala. Code § 13A-8-40 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-40
Section 13A-8-40 Definitions
Status: in_force

(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.
Ala. Code § 13A-10-50 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-50
Section 13A-10-50 Short Title
Status: in_force

This article shall be known and cited as the “Officer Keith E. Houts Act.”
Ala. Code § 13A-5-46 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-46
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
Status: in_force

(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.
Ala. Code § 13A-6-183 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-183
Section 13A-6-183 Custody of Arrestee; Access to Resources; Photographs
Status: in_force

(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.
Ala. Code § 13A-3-3 — Alabama Code / Title 13A / Chapter 3 / Section 13A-3-3
Section 13A-3-3 Immaturity
Status: in_force

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.
Ala. Code § 13A-11-200 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-200
Section 13A-11-200 Reporting and Registration Requirements
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 13A-5-42 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-42
Section 13A-5-42 Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing
Status: in_force

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).
Ala. Code § 13A-8-190 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-190
Section 13A-8-190 Short Title
Status: in_force

This article shall be known as “The Consumer Identity Protection Act.”
Ala. Code § 13A-8-31 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-31
Section 13A-8-31 Record of Purchases
Status: in_force

(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.
Ala. Code § 13A-8-195 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-195
Section 13A-8-195 Restitution for Financial Loss
Status: in_force

Upon conviction for any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this article to any person whose identifying information was appropriated. Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft of the victim’s identification documents or identifying information, including lost wages and attorney’s fees. The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation. Additionally, persons convicted of violation of this article shall be assessed an amount of twenty-five dollars ($25) per day and medical expenses for time spent in county or municipal jails or in a state prison facility.
Ala. Code § 13A-9-18.1 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-18.1
Section 13A-9-18.1 Giving of False Name or Address to a Law Enforcement Officer
Status: in_force

(a) A person commits the crime of giving a false name or address to a law enforcement officer if the person gives a false name or address to a law enforcement officer in the course of the officer’s official duties with intent to mislead the officer.

(b) Giving a false name or address to a law enforcement officer is a Class A misdemeanor.
Ala. Code § 13A-14-2 — Alabama Code / Title 13A / Chapter 14 / Section 13A-14-2
Section 13A-14-2 Executive or Secret Sessions of Certain Boards
Status: reserved

Repealed by Act 2005-40, p. 55, §10, effective October 1, 2005.
Ala. Code § 13A-11-202 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-202
Section 13A-11-202 Department of Public Safety to Maintain Register; Disclosure of Information
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 13A-6-23 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-23
Section 13A-6-23 Menacing
Status: in_force

(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.
Ala. Code § 13A-9-17 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-17
Section 13A-9-17 Unlawfully Using Slugs - Prohibition
Status: in_force

(a) A person commits the crime of unlawfully using slugs if:

(1) With intent to defraud the supplier, or another person, of property or a service sold or offered by means of a coin machine, he inserts, deposits or uses a slug in that machine; or

(2) He makes, possesses or disposes of a slug with intent that it be used unlawfully in a coin machine as provided in subdivision (a)(1) of this section.

(b) Unlawfully using slugs is a Class B misdemeanor.
Ala. Code § 13A-11-50.1 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-50.1
Section 13A-11-50.1 Property Rights Unaffected by Certain Provisions Relating to Firearms and Weapons
Status: in_force

Nothing within Article 3 of Chapter 11 of Title 13A, shall be construed to diminish or otherwise affect property rights under state law not within that title.
Ala. Code § 13A-12-26 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-26
Section 13A-12-26 Defense to Prosecution for Possession of Gambling Records
Status: in_force

A person does not commit the crime of possession of gambling records in either degree if the writing, paper, instrument or article possessed by the defendant is neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or mutuel scheme or enterprise. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
Ala. Code § 13A-11-150 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-150
Section 13A-11-150 Legislative Findings and Determinations
Status: in_force

The Legislature has found and determined that there has been an increasing number of illegal acts committed against animal research and production facilities involving injury to humans or animals, criminal trespass, and damage to property. These acts not only abridge the property rights of the owner of the facility, they also damage the public interest by jeopardizing crucial scientific, biomedical, or agricultural research or production. These actions can also threaten the public safety by exposing communities to serious public health concerns and may substantially disrupt or damage research.

Therefore, it is in the interest of the people of the State of Alabama to protect the welfare of humans and animals as well as productive use of public funds to prohibit unauthorized possession, alteration, or destruction of agricultural, educational, or research records, equipment, and animals.
Ala. Code § 13A-8-196 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-196
Section 13A-8-196 Situs of Crime
Status: in_force

In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the identification documents or identifying information.
Ala. Code § 13A-6-42 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-42
Section 13A-6-42 Unlawful Imprisonment in the Second Degree
Status: in_force

(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.
Ala. Code § 13A-6-264 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-264
Section 13A-6-264 Alabama Criminal Enterprise Database
Status: in_force

(a) Subject to the availability of funding, ALEA shall establish a statewide inter-jurisdictional criminal intelligence system known as the Alabama Criminal Enterprise Database.

(b) ALEA shall establish, develop, manage, and maintain the database in accordance with the Criminal Intelligence Systems Operating Policies adopted by the United States Department of Justice and codified in 28 C.F.R. Part 23.

(c) Any criminal justice agency may submit information for inclusion in the database.

(d) To the extent permitted under subsection (b), the database may contain any information about a person reasonably suspected of criminal conduct or activity which meets both of the following criteria:

(1) The information is relevant to the person’s suspected criminal conduct or activity.

(2) The information is relevant to identifying an individual as a criminal enterprise member or identifying a criminal enterprise.

(e) Subject to rules established by the secretary, any criminal justice agency may access the database for legitimate law enforcement or criminal justice purposes.

(f) ALEA may not permit any person or entity to access database information in its possession, custody, or control unless one of the following conditions applies:

(1) The access is made by personnel of a criminal justice agency pursuant to subsection (e).

(2) The access is necessary for ALEA to establish, develop, manage, or maintain the database.

(3) The access is necessary for ALEA to comply with a court order, discovery request, or subpoena for the production of database information as authorized in subsection (h).

(4) The access is permitted under subsection (b).

(g) Database information is confidential and shall not be subject to public disclosure under Article 3 of Chapter 12 of Title 36.

(h) In any criminal, civil, or administrative proceeding, database information shall not be used as evidence or be subject to discovery by subpoena or otherwise, except as required by subsection (b), the Constitution of Alabama of 2022, the Constitution of the United States, or as necessary for a criminal justice agency to pursue a legitimate law enforcement or criminal justice purpose.

(i) Nothing in this section shall affect the disclosure, discovery, or admissibility of information that a criminal justice agency has in its possession, custody, or control by any means other than the agency’s access to the database or submission of information to the database.

(j)(1) The secretary shall adopt rules establishing a uniform digital process for criminal justice agencies to submit information for inclusion in the database.

(2) The secretary shall adopt rules regarding the use of database information and may establish and impose civil penalties and other sanctions for the violation of such rules.

(3) The secretary may adopt rules that otherwise promote the effective establishment, development, management, maintenance, or use of the database in compliance with federal standards.

(k)(1) Each year, the secretary shall prepare a report detailing the submissions to and access of the database; the number of prosecutions aided by access to the database under Section 13A-6-263; and the demographics of all individuals in the database in accordance with 28 C.F.R. Part 23.

(2) By March 1, annually, the secretary shall submit the report covering the previous calendar year to all of the following:

a. The Speaker of the House of Representatives.

b. The President Pro Tempore of the Senate.

c. The Majority Leader of the House of Representatives.

d. The Majority Leader of the Senate.

e. The Minority Leader of the House of Representatives.

f. The Minority Leader of the Senate.
Ala. Code § 13A-10-132 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-132
Section 13A-10-132 Crimes in Connection with Sham Legal Process, Etc
Status: in_force

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

(1) LAW ENFORCEMENT OFFICER. The same as defined in Section 13A-10-1.

(2) LAWFULLY ISSUED. Adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency, or a political subdivision of a state.

(3) SHAM LEGAL PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to be any one of the following:

a. A summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this state, a peace officer, or a legislative, executive, or administrative agency established by state law.

b. An assertion of jurisdiction or authority over or determination or adjudication of the legal or equitable status, rights, duties, powers, or privileges of a person or property.

c. A requirement or authorization for the search, seizure, indictment, arrest, trial, or sentencing of a person or property.

(4) STATE OR LOCAL OFFICIAL OR EMPLOYEE. An appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, or other unit of government in this state.

(b) It shall be unlawful for a person to impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process by acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity by either of the following:

(1) Subjecting another person to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights.

(2) Denying or impeding another person in the exercise or enjoyment of any right, privilege, power, or immunity.

(c) A person violating subsection (b) is guilty of a Class B misdemeanor.

(d) It shall be unlawful for a person falsely to assert authority of state law in connection with a sham legal process. A person violating this subsection is guilty of a Class A misdemeanor.

(e) It shall be unlawful for a person to knowingly act, without authority under state law, as any judge, magistrate, hearing officer, juror, a clerk of court, a commissioned notary public, or any other official authorized to determine a controversy or adjudicate the rights or interests of others, or to sign a document as if authorized by state law. A person violating this subsection is guilty of a Class A misdemeanor.

(f) It shall be unlawful for a person to falsely assert authority of law in an attempt to intimidate or hinder a state or local official or employee or a law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of a sham legal process. A person violating this subsection is guilty of a Class C felony.
Ala. Code § 13A-6-86 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-86
Section 13A-6-86 Clergy Member Engaging in Sexual Intercourse or Sodomy with a Child
Status: in_force

(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.
Ala. Code § 13A-11-203 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-203
Section 13A-11-203 Penalty for Violations of Article
Status: reserved

Repealed by Act 2005-301, 1st Sp. Sess., §3, effective October 1, 2005.
Ala. Code § 13A-11-96 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-96
Section 13A-11-96 Driver or Occupant of Motor Vehicle Stopped for Law Enforcement Purpose Prohibited from Knowingly Touching Loaded Handgun Except as Directed
Status: in_force

(a) A person who is the driver or occupant of any motor vehicle that is stopped as a result of a traffic stop or as a result of a stop for another law enforcement purpose and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle shall not knowingly touch the handgun with his or her hands or fingers at any time after a person known to be a law enforcement officer begins approaching and before the law enforcement officer terminates contact with the person, unless the person has contact with the loaded handgun pursuant to, and in accordance with, directions given by the law enforcement officer.

(b) A violation of this section is a Class A misdemeanor.
Ala. Code § 13A-10-6 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-6
Section 13A-10-6 Refusing to Assist in Fire Control
Status: in_force

(a) A person commits the crime of refusing to assist in fire control if, upon command by a fireman or peace officer identified to him as such, he intentionally disobeys a reasonable order or regulation made in relation to the conduct of persons in the vicinity of a fire.

(b) Refusing to assist in fire control is a Class C misdemeanor.
Ala. Code § 13A-12-4 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-4
Section 13A-12-4 Keeping Cockpit; Cockfighting
Status: in_force

Any person who keeps a cockpit or who in any public place fights cocks shall, on conviction, be fined not less than $20.00 nor more than $50.00.
Ala. Code § 13A-10-5.1 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-5.1
Section 13A-10-5.1 Disarming a Law Enforcement or Corrections Officer
Status: in_force

(a) A person commits the crime of disarming a law enforcement or corrections officer if the person intentionally removes a firearm or weapon from a law enforcement or corrections officer or deprives a law enforcement or corrections officer of the use of a firearm or weapon when the officer is acting within the scope of his or her duties and the person knows or reasonably should have known that the individual is a law enforcement or corrections officer.

(b) The crime of disarming a law enforcement or corrections officer is a Class C felony.
Ala. Code § 13A-11-57 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-57
Section 13A-11-57 Selling, Etc., Pistol or Bowie Knife to Minor
Status: in_force

(a) Any person who sells, gives or lends to any minor any pistol , except under the circumstances provided in Section 13A-11-72, bowie knife, or other knife of like kind or description, shall, on conviction, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).

(b) This section does not apply to a transfer by inheritance of title to, but not possession of, a pistol, bowie knife, or other knife of like kind or description to a minor.
Ala. Code § 13A-8-122 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-122
Section 13A-8-122 Possession of Certain Devices Constitutes Prima Facie Evidence of Intent to Violate Article
Status: in_force

In a prosecution for a violation of this article, the existence on the property and in the actual possession of the defendant of (1) any connection, wire conductor or any device whatsoever, which is connected in such a manner as would permit the receipt of cable television service without such service being reported for payment to and specifically authorized by the cable television company or (2) the existence on the property and in the actual possession of the defendant, where the totality of the circumstances, including quantities or volumes, surrounding the defendant’s arrest indicate possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts set out in Section 13A-8-121, shall constitute prima facie evidence of the defendant’s intent to violate the provisions of this article.
Ala. Code § 13A-8-193 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-193
Section 13A-8-193 Trafficking in Stolen Identities
Status: in_force

(a) A person commits the crime of trafficking in stolen identities when, without the authorization, consent, or permission of the victim, he or she manufactures, sells, transfers, purchases, or possesses, with intent to manufacture, sell, transfer, or purchase, identification documents or identifying information for the purpose of committing identity theft.

(b) Possession of five or more identification documents of the same person, or possession of identifying information of five or more separate persons, without the authorization, consent, or permission of the person or persons, shall create an inference that the identities are possessed with intent to manufacture, sell, transfer, or purchase identification documents or identifying information for the purpose of committing identity theft.

(c) Trafficking in stolen identities is a Class B felony.
Ala. Code § 13A-11-41 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-41
Section 13A-11-41 Voyeurism in the First Degree
Status: in_force

(a) A person commits the crime of voyeurism in the first degree if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly photographs or films the intimate areas of another person, whether through, under, or around clothing, without that person’s knowledge and consent and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.

(b) Voyeurism in the first degree is a Class C felony, except if the defendant is 18 years of age or younger on the date of the offense, voyeurism in the first degree is a Class A misdemeanor.

(c) The statute of limitations begins at the time of discovery of the photograph or film.
Ala. Code § 13A-11-75.1 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-75.1
Section 13A-11-75.1 Pistol Permit for Retired Military Personnel
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-246
Ala. Code § 13A-6-162 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-162
Section 13A-6-162 Violations; Penalties
Status: in_force

(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.
Ala. Code § 13A-12-215 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-215
Section 13A-12-215 Sale, Furnishing, Etc., of Controlled Substances by Persons Over Age 18 to Persons Under Age 18
Status: in_force

If the offender is over the age of 18 and the offense consists of selling, furnishing or giving such controlled substances as enumerated in Schedules I, II, III, IV and V to a person who has not attained the age of 18 years the offender shall be guilty of a Class A felony. The imposition or execution of sentence shall not be suspended and probation shall not be granted.