Ala. Code § 13A-11-62 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-62
Section 13A-11-62 Definitions
Status: in_force

For purposes of this division, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(1) FIREARM. As defined under Section 13A-8-1.

(2) RIFLE. Any weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each pull of the trigger.

(3) SHORT-BARRELED RIFLE. A rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches.

(4) SHORT-BARRELED SHOTGUN. A shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(5) SHOTGUN. A weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
Ala. Code § 13A-10-80 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-80
Section 13A-10-80 Definitions
Status: in_force

(a) The definitions contained in Sections 13A-10-1, 13A-10-30 and 13A-10-60 are applicable in this article unless the context otherwise requires.

(b) “Harm” means loss, disadvantage or injury to the person affected or to any other person in whose welfare he is interested.
Ala. Code § 13A-12-213 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-213
Section 13A-12-213 Unlawful Possession of Marihuana in the First Degree
Status: in_force

(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized:

(1) He or she possesses marihuana for other than personal use; or

(2) He or she possesses marihuana for his or her personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his or her personal use only.

(b) Unlawful possession of marihuana in the first degree pursuant to subdivision (1) of subsection (a) is a Class C felony.

(c) Unlawful possession of marihuana in the first degree pursuant to subdivision (2) of subsection (a) is a Class D felony.
Ala. Code § 13A-8-10.3 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-10.3
Section 13A-8-10.3 Theft of Services in the Fourth Degree
Status: in_force

(a) The theft of services which does not exceed five hundred dollars ($500) in value constitutes theft of services in the fourth degree.

(b) Theft of services in the fourth degree is a Class A misdemeanor.
Ala. Code § 13A-12-52 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-52
Section 13A-12-52 Exhibiting Gambling Devices in Barred House or Where Speaking Tubes or Electric Signals Are Used
Status: in_force

No person or persons shall exhibit or expose to view in any barred or barricaded house or room, in any place built or constructed in such manner as to make it difficult of access or ingress to police officers or other officers, or protected, furnished or equipped with speaking tubes, dumbwaiters, electric wires or bells, or other apparatus for giving alarm from the outside or from the inside of such house, or room when two or more persons are present, any cards, dice, roulette wheel or any gambling implements whatever. Any person violating the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years; and all persons who visit or resort to any such barred or barricaded house or room or other place that is built or protected or equipped in the manner described in this section and where any cards, dice, roulette wheel or any gaming implements whatever are kept or exhibited or exposed to view when said persons visit or resort to such place for the purpose of gaming, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Ala. Code § 13A-7-93 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-93
Section 13A-7-93 Introduction of Pieces of an Unmanned Aircraft System into a Facility
Status: in_force

(a) A person may not introduce or attempt to introduce any individual piece of an unmanned aircraft system into a facility.

(b) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or a county jail for not less than 30 days.
Ala. Code § 13A-11-225 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-225
Section 13A-11-225 Release of Sky Lanterns Within 500 Yards of Public Gathering
Status: in_force

(a) As used in this section, the following words have the following meanings:

(1) PUBLIC GATHERING. The presence of more than 500 members of the public in an outdoor place for the purpose of attending a sporting contest, auto race, concert, festival, political rally, parade, or similar event.

(2) SKY LANTERN. An unmanned self-contained free-floating luminary device requiring an open flame underneath, such as a candle, for propulsion.

(b) It is unlawful to release a sky lantern within 500 yards of a public gathering.

(c) A violation of this section is a criminal violation punishable pursuant to Section 13A-5-12.
Ala. Code § 13A-8-10.25 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-10.25
Section 13A-8-10.25 Theft of Services in the Third Degree
Status: in_force

(a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of services in the third degree.

(b) Theft of services in the third degree is a Class D felony.
Ala. Code § 13A-8-21 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-21
Section 13A-8-21 Bringing into State Property Obtained by False Pretense Elsewhere
Status: in_force

Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false pretense, with intent to defraud, shall, on conviction, be punished as if he had stolen the same.
Ala. Code § 13A-8-2.2 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-2.2
Section 13A-8-2.2 Aggravated Theft of Employee Retirement Benefits
Status: in_force

(a)(1) A person commits the crime of aggravated theft of employee retirement benefits if the person embezzles, steals, or unlawfully and willfully abstracts or converts to his or her own use or to the use of another, any of the monies, funds, premiums, credits, or other assets due to be paid as contributions to any employee retirement benefit plan or to any fund connected with an employee retirement benefit plan.

(2) For the purposes of this section, the term “employee retirement benefit plan” includes, but is not limited to, any plan under the Retirement Systems of Alabama including the Teachers’ Retirement System, the Employees’ Retirement System, and the Judicial Retirement Fund, and any plan established under Chapter 27A or Chapter 27C of Title 36.

(b) It is an affirmative defense to a prosecution under this section if an individual, in the course of his or her employment, acts in good faith reliance upon the direction or supervision of another under color of law or in a position of authority.

(c) The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within six years.

(d) Aggravated theft of employee retirement benefits is a Class C felony.

(e) Notwithstanding any other law, the maximum probation period shall not exceed 10 years unless otherwise authorized by law.

(f) A conviction for aggravated theft of employee retirement benefits shall be treated as a Class A or Class B felony for purposes of Section 15-18-8.
Ala. Code § 13A-10-63 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-63
Section 13A-10-63 Trading in Public Office
Status: in_force

(a) A person is guilty of trading in public office if:

(1) He offers, confers or agrees to confer any pecuniary benefit upon a public servant or party officer upon an agreement or understanding that he himself will or may be appointed to a public office or public employment or designated or nominated as a candidate for public office; or

(2) While a public servant or party officer, he solicits, accepts or agrees to accept any pecuniary benefit from another upon an agreement or understanding that that person will or may be appointed to a public office or public employment or designated or nominated as a candidate for public office.

(b) This section does not apply to contributions to political campaign funds or other political contributions.

(c) Trading in public office is a Class A misdemeanor.
Ala. Code § 13A-11-223 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-223
Section 13A-11-223 Falsely Requesting Use of Party Line for Emergency
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 13A-6-157 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-157
Section 13A-6-157 Civil Action by Victims; Venue; Relief Awarded
Status: in_force

(a) An individual who is a victim of human trafficking may bring a civil action in the appropriate state court.

(b) Venue for any action brought under this section shall be in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.

(c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious.

(d) The court shall award a prevailing plaintiff attorney’s fees and costs.

(e) Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the office of the Attorney General and, upon entry of any injunction, judgment, or decree in the action, shall mail a copy of the injunction, judgment, or decree to the office of the Attorney General.

(f) This section does not preclude any other remedy available to the victim under federal law or the laws of this state.
Ala. Code § 13A-11-53 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-53
Section 13A-11-53 Brass Knuckles and Slingshots
Status: in_force

Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor 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 six months.
Ala. Code § 13A-9-110 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-110
Section 13A-9-110 Definitions
Status: in_force

As used in this article, unless the context clearly requires otherwise, the following words and terms shall have the following meanings:

(1) HOME REPAIR. a. The repairing, replacing, altering, or the construction or renovation of an addition to a building on real property which is or will be primarily used as a residence.

b. Home repair shall include: The construction, installation, replacement, repairing, or renovation of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fallout shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, roofs, insulation, and other improvements to structures within the residence or upon the real property adjacent thereto.

c. Home repair shall not include: The sale, installation, cleaning, or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement, or connection of any home appliance including, but not limited to, disposals, refrigerators, ranges, garage door openers, television cables, antennas or dishes, washing machines, telephones, or other home appliances when the person replacing, installing, repairing, or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; the performance of repairs to a manufactured home or a mobile home pursuant to a manufacturer’s or retailer’s warranty or service agreement; or landscaping.

d. Home repair shall not include home repair made by not-for-profit charitable organizations.

(2) PERSON. Any individual, partnership, corporation, business, trust, or other legal entity.

(3) RESIDENCE. A single or multiple family dwelling including, but not limited to, a single-family home, apartment building, condominium, duplex, townhouse, or mobile home which is used or intended to be used by its occupants as their dwelling place.
Ala. Code § 13A-11-5 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-5
Section 13A-11-5 Unlawful Assembly
Status: in_force

(a) A person commits the crime of unlawful assembly if he assembles with five or more other persons for the purpose of engaging in conduct constituting the crime of riot or if, being present at an assembly that either has or develops such a purpose, he remains there with intent to advance that purpose.

(b) Unlawful assembly is a Class B misdemeanor.
Ala. Code § 13A-6-91.1 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-91.1
Section 13A-6-91.1 Aggravated Stalking in the Second Degree
Status: in_force

(a) A person who violates the provisions of Section 13A-6-90.1 and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking in the second degree.

(b) The crime of aggravated stalking in the second degree is a Class C felony.
Ala. Code § 13A-2-7 — Alabama Code / Title 13A / Chapter 2 / Section 13A-2-7
Section 13A-2-7 Consent
Status: in_force

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

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

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

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

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

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

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

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

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

(4) It is induced by force, duress or deception.
Ala. Code § 13A-12-203 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-203
Section 13A-12-203 Attempt to Commit Controlled Substance Crime
Status: in_force

(a) A person is guilty of an attempt to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-2(a), and the crime attempted is a controlled substance crime.

(b) The principles of liability and defenses for an attempt to commit a controlled substance crime are the same as those specified in Sections 13A-4-2(b) through (c), and in Section 13A-4-5.

(c) An attempt to commit a controlled substance crime shall be punished the same as the controlled substance crime attempted.
Ala. Code § 13A-12-71 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-71
Section 13A-12-71 Movement of Vehicle Need Not Be Shown
Status: in_force

In order to condemn and confiscate any of the above mentioned conveyances or vehicles, it shall not be necessary for the state or prosecuting authority to show any actual movement of said conveyance or vehicles while loaded with, or in which there is contained or stored, any of said prohibited lottery paraphernalia, but the presence thereof in any conveyance or vehicle which is in the use of, control or custody of any such person as described in Section 13A-12-70 shall be sufficient cause of forfeiture of such conveyance or vehicle.
Ala. Code § 13A-7-92 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-92
Section 13A-7-92 Introduction of Contraband into a Facility Via Unmanned Aircraft System
Status: in_force

(a) A person may not introduce or attempt to introduce any contraband, as defined in Section 13A-10-30, into a facility via operation of an unmanned aircraft system.

(b) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or county jail for not less than 30 days.
Ala. Code § 13A-10-43 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-43
Section 13A-10-43 Hindering Prosecution in the First Degree
Status: in_force

(a) A person commits the crime of hindering prosecution in the first degree if with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a murder or a Class A or B felony, he renders criminal assistance to such person.

(b) Hindering prosecution in the first degree is a Class C felony.
Ala. Code § 13A-6-192 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-192
Section 13A-6-192 Elder Abuse and Neglect - First Degree
Status: in_force

(a) A person commits the crime of elder abuse and neglect in the first degree if he or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(b) Elder abuse and neglect in the first degree is a Class A felony.
Ala. Code § 13A-8-151 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-151
Section 13A-8-151 Unlawful Acts with Respect to Telecommunications Devices; Seizure and Destruction Unlawful Devices, Plans, Etc
Status: in_force

(a) It shall be unlawful for any person to knowingly do any of the following:

(1) To make, manufacture, distribute, possess, use, or assemble an unlawful telecommunication device or modify, alter, program, or reprogram a telecommunication device designed, adapted, or which is used:

a. For commission of a theft of telecommunication service or to acquire or facilitate the acquisition of telecommunication service without the consent of the telecommunication service provider in violation of this article.

b. To conceal, or assist another to conceal, from any supplier of telecommunication service provider or from any lawful authority the existence, place of origin, or destination of any telecommunication.

(2) To sell, possess, distribute, give, transport, or otherwise transfer to another or offer or advertise for sale any of the following:

a. An unlawful telecommunication device, or plans or instructions for making or assembling the same under circumstances evincing an intent to use or employ the unlawful telecommunication device, or to allow the same to be used or employed, for a purpose described in paragraph a. or paragraph b. above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such unlawful telecommunication device.

b. The material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication device.

(3) To publish plans or instructions for making or assembling or using any unlawful telecommunication device.

(4) To publish the number or code of an existing, cancelled, revoked or nonexistent telephone number, credit number, or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have such telephone number, credit number, credit device or method of numbering or coding so used.

(b) Any unlawful telecommunication device, plans, instructions, or publications described in this section may be seized under warrant or incident to a lawful arrest for a violation of this section, and, upon the conviction of a person for a violation of this section, the unlawful telecommunication device, plans, instructions, or publication may be destroyed as contraband by the sheriff of the county in which the person was convicted or turned over to the person providing telephone or telegraph service in the territory in which the same was seized.
Ala. Code § 13A-10-124 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-124
Section 13A-10-124 Tampering with a Witness
Status: in_force

(a) A person commits the crime of tampering with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to:

(1) Testify falsely or unlawfully withhold testimony; or

(2) Absent himself from any official proceeding to which he has been legally summoned.

(b) Tampering with a witness is a Class B misdemeanor.
Ala. Code § 13A-8-18.1 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-18.1
Section 13A-8-18.1 Receiving Stolen Property in the Third Degree
Status: in_force

(a) Receiving stolen property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes receiving stolen property in the third degree.

(b) Receiving stolen property in the third degree is a Class D felony.
Ala. Code § 13A-6-123 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-123
Section 13A-6-123 Facilitating the On-Line Solicitation of a Child
Status: in_force

Any owner or operator of a computer on-line service, weblog, Internet service, or Internet bulletin board service, who knowingly aids and abets another person or who, with the purpose of facilitating or encouraging the on-line solicitation of the child, permits any person to use the service to commit a violation of this article is guilty of facilitating the on-line solicitation of a child. Any person who violates this section commits a Class B felony.
Ala. Code § 13A-6-132 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-132
Section 13A-6-132 Domestic Violence - Third Degree
Status: in_force

(a)(1) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.

(2) For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.

(b) Domestic violence in the third degree is a Class A misdemeanor. The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.

(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.

(d) A third or subsequent conviction under subsection (a) is a Class C felony.

(e) If the defendant has a previous conviction for domestic violence in the first degree pursuant to Section 13A-6-130, domestic violence in the second degree pursuant to Section 13A-6-131, domestic violence by strangulation or suffocation pursuant to Section 13A-6-138, or a domestic violence conviction or other substantially similar conviction from another state or jurisdiction, a conviction under subsection (a) is a Class C felony.

(f) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
Ala. Code § 13A-8-63 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-63
Section 13A-8-63 Posting of Article in Stores
Status: in_force

The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store, and at each exit therefrom, a printed copy of this article, which copy shall be printed in type no smaller than 12 points.
Ala. Code § 13A-10-151 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-151
Section 13A-10-151 Definitions
Status: in_force

The following terms shall have the following meanings:

(1) ACT OF TERRORISM. An act or acts constituting a specified offense as defined in subdivision (4) for which a person may be convicted in the criminal courts of this state, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all of the essential elements of a specified offense, that is intended to do the following:

a. Intimidate or coerce a civilian population.

b. Influence the policy of a unit of government by intimidation or coercion.

c. Affect the conduct of a unit of government by murder, assassination, or kidnapping.

(2) MATERIAL SUPPORT OR RESOURCES. Currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.

(3) RENDERS CRIMINAL ASSISTANCE. Shall have the same meaning as in Section 13A-10-42.

(4) SPECIFIED OFFENSE. A Class A felony, manslaughter, kidnapping in the second degree, assault in the first or second degree, stalking, intimidating a witness, criminal tampering, endangering the food supply, endangering the water supply or any attempt or conspiracy to commit any of these offenses.
Ala. Code § 13A-12-216 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-216
Section 13A-12-216 Schedules of Controlled Substances
Status: in_force

The Schedules I through V referred to in this division are the schedules contained in Sections 20-2-20 through 20-2-31, or in those schedules as revised and republished annually by the State Board of Health pursuant to Section 20-2-32.
Ala. Code § 13A-12-75 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-75
Section 13A-12-75 Transportation of Articles Not Commonly Used in Numbers or Policy Game Not Unlawful
Status: in_force

The provisions of this division shall not be construed to make unlawful the transportation of articles or paraphernalia not commonly used in the conduct of any form or type of lottery commonly known as a numbers (or number) game or policy game, and no vehicle used in transporting such articles or paraphernalia not commonly used in the conduct of such game shall be subject to condemnation or forfeiture by reason of such use or transportation.
Ala. Code § 13A-1-3 — Alabama Code / Title 13A / Chapter 1 / Section 13A-1-3
Section 13A-1-3 General Purposes of Title
Status: in_force

The general purposes of the provisions of this title are:

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

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

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

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

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

(6) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
Ala. Code § 13A-7-41 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-41
Section 13A-7-41 Arson in the First Degree. (Amended by Act 2026-515)
Status: in_force

AMENDED BY ACT 2026-515, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when:

(1) Another person is present in such building at the time, and

(2) The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility.

(b) Arson in the first degree is a Class A felony.
Ala. Code § 13A-12-197 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-197
Section 13A-12-197 Production of Child Sexual Abuse Material
Status: in_force

Any person who knowingly films, prints, records, photographs, or otherwise produces any child sexual abuse material shall be guilty of a Class A felony.
Ala. Code § 13A-5-50 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-50
Section 13A-5-50 Consideration of Aggravating Circumstances in Sentence Determination
Status: in_force

The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed to preclude the finding and consideration of that relevant circumstance or circumstances in determining sentence. By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of subsection (a) of Section 13A-5-40.
Ala. Code § 13A-10-2 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-2
Section 13A-10-2 Obstructing Governmental Operations
Status: in_force

(a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he:

(1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function; or

(2) Intentionally prevents a public servant from performing a governmental function.

(b) This section does not apply to the obstruction, impairment or hindrance of the making of an arrest.

(c) Obstructing governmental operations is a Class A misdemeanor.
Ala. Code § 13A-6-156 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-156
Section 13A-6-156 Forfeiture of Profits or Proceeds and Interest in Property
Status: in_force

A person who commits the offense of human trafficking in the first degree or human trafficking in the second degree shall forfeit to the State of Alabama any profits or proceeds and any interest in property that he or she has acquired or maintained that the sentencing court determines to have been acquired or maintained as a result of committing human trafficking in the first degree or human trafficking in the second degree. Any assets seized shall first be used to pay restitution to trafficking victims and subsequently to pay any damages awarded to victims in a civil action. Any remaining assets shall go toward the cost of the investigation and prosecution and the remaining assets shall be remitted to funding the Alabama Crime Victims Compensation Fund.
Ala. Code § 13A-6-154 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-154
Section 13A-6-154 Evidence of Certain Facts or Conditions Not Deemed a Defense
Status: in_force

Evidence of the following facts or conditions shall not constitute a defense in a prosecution for human trafficking in the first or second degree, nor shall the evidence preclude a finding of a violation:

(1) A human trafficking victim’s sexual history or history of commercial sexual activity.

(2) A human trafficking victim’s connection by blood or marriage to a defendant in the case or to anyone involved in the victim’s trafficking.

(3) Consent of or permission by a victim of human trafficking or anyone else on the victim’s behalf to any commercial sex act or sexually explicit performance.

(4) Age of consent to sex, an act defined by paragraph b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age of marriage, or other discretionary age.

(5) Mistake as to the human trafficking victim’s age, even if the mistake is reasonable.
Ala. Code § 13A-6-2 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-2
Section 13A-6-2 Murder
Status: in_force

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

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

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

(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

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

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

(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances by a person 18 years of age or older, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto. The punishment for murder or any offense committed under aggravated circumstances by a person under the age of 18 years, as provided by Article 2 of Chapter 5, is either life imprisonment without parole, or life, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto and the applicable Alabama Rules of Criminal Procedure.

If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.
Ala. Code § 13A-6-139 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-139
Section 13A-6-139 Costs of Prosecution or Warrant Recall of Domestic Violence, Stalking, or Sexual Assault Offenses
Status: in_force

Notwithstanding any other provision of law, no court costs shall be assessed against any victim of domestic violence, stalking, or sexual assault in connection with the prosecution or warrant recall of a domestic violence, stalking, or sexual assault offense.
Ala. Code § 13A-6-67 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-67
Section 13A-6-67 Sexual Abuse in the Second Degree
Status: in_force

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

(1) Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old.

(2) Being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

(b) Sexual abuse in the second degree is a Class A misdemeanor, except as provided in subsection (c), or if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.

(c) If a person violates subdivision (a)(2), and he or she is at least 15 years older than the victim, the offense shall be a Class C felony.
Ala. Code § 13A-6-111 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-111
Section 13A-6-111 Transmitting Obscene Material to a Child by Computer. (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 is guilty of transmitting obscene material to a child if the person transmits, by means of any computer communication system allowing the input, output, examination, or transfer of computer programs from one computer to another, material which, in whole or in part, depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse, for the purpose of initiating or engaging in sexual acts with the child.

(b) For the purposes of this section, a “child” includes any person under 17 years of age.

(c) For purposes of determining jurisdiction, the offense is committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state.

(d) A person charged under this section shall be tried as an adult and the record of the proceeding shall not be sealed nor subject to expungement.

(e) Transmitting obscene material of engaging in sexual intercourse, sodomy, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his or her benefit to a child is a Class B felony.
Ala. Code § 13A-12-293 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-293
Section 13A-12-293 Federal Crimes and Crimes of Other States Given Same Effect
Status: in_force

For purposes of this division, if the conduct or acts punishable by reference in Section 13A-12-291 also constitute violations of a federal law or the law of another state, then conviction or adjudication under federal law, or conviction or adjudication, or a finding of delinquency based on the law of another state for the same acts or conduct shall be given effect as if rendered in the courts of this state.
Ala. Code § 13A-8-20 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-20
Section 13A-8-20 Bringing Stolen Property into This State
Status: in_force

Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere shall, on conviction, be punished as if he had stolen it in this state.
Ala. Code § 13A-6-199 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-199
Section 13A-6-199 Liability of Persons Reporting or Investigating Violations
Status: in_force

Any person or entity acting pursuant to this chapter in reporting or investigating any report of abuse, neglect, or financial exploitation of an elderly person, or participating in a judicial proceeding resulting therefrom, shall be immune from any civil liability that might otherwise be incurred or imposed as a result of the report, investigation, or participation, unless the person or entity acted recklessly, in bad faith, or with malicious purpose.
Ala. Code § 13A-10-171 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-171
Section 13A-10-171 Elements of Offense; Exceptions
Status: in_force

(a) The offense of endangering the water supply is committed if a person knowingly contaminates a public or private water well or water reservoir or any water supply of a public utility or tampers with the production of bottled or packaged water at a retail or wholesale mercantile establishment.

(b) Endangering the water supply does not include contamination of a public or private well or water reservoir or any water supply of a public utility that may occur in any of the following circumstances:

(1) Inadvertently as part of the operation of a public utility or electrical generating station.

(2) Due to releases, discharges, or emissions that are authorized by state or federal law or that are permitted or licensed by any state or federal agency.

(3) Due to accidental releases from an otherwise lawful activity.

(4) Due to discharges or emissions in excess of permitted or licensed levels provided that federal or state enforcement authority is available to respond.

(c) The offense of endangering the water supply is a Class B felony.
Ala. Code § 13A-6-127 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-127
Section 13A-6-127 Defenses
Status: in_force

(a) It shall not be a defense to prosecution under this article:

(1) That an undercover operative or law enforcement officer was involved in the detection and investigation of an offense; or

(2) That a meeting as described in this article did not occur.

(b) An owner or operator of a computer on-line service, weblog, Internet service, or Internet bulletin board service shall not be liable for facilitating the on-line solicitation of a child for permitting an undercover operative or law enforcement officer to use an on-line service to detect and investigate unlawful activity related to the on-line solicitation of a child.
Ala. Code § 13A-8-192 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-192
Section 13A-8-192 Identity Theft
Status: in_force

(a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:

(1) Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.

(2) Obtains goods or services through the use of identifying information of the victim.

(3) Obtains identification documents in the victim’s name.

(4) Obtains employment through the use of identifying information of the victim.

(b) Identity theft is a Class B felony.

(c) This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.

(d) Any prosecution brought pursuant to this article shall be commenced within seven years after the commission of the offense.
Ala. Code § 13A-9-75 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-75
Section 13A-9-75 Charitable Fraud in the Third Degree
Status: in_force

(a) Theft of property by charitable fraud which does not exceed five hundred dollars ($500) in value constitutes theft of property by charitable fraud in the third degree.

(b) Theft of property by charitable fraud in the third degree is a Class A misdemeanor.
Ala. Code § 13A-10-206 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-206
Section 13A-10-206 Use of Explosives for Legitimate Agricultural Activities
Status: in_force

After consultation with the State Fire Marshal or the Commissioner of Agriculture and Industries, or his or her designee, the Alabama State Law Enforcement Agency may except by rule and provide for any explosive or quantity of explosive to be used in legitimate agricultural activities. A copy of the rule shall promptly be furnished to the State Fire Marshal and the Commissioner of Agriculture and Industries.
Ala. Code § 13A-11-7 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-7
Section 13A-11-7 Disorderly Conduct
Status: in_force

(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he or she does any of the following:

(1) Engages in fighting or in violent tumultuous or threatening behavior.

(2) Makes unreasonable noise.

(3) In a public place uses abusive or obscene language or makes an obscene gesture.

(4) Without lawful authority, disturbs any lawful assembly or meeting of persons.

(5) Obstructs vehicular or pedestrian traffic, or a transportation facility.

(6) Congregates with other person in a public place and refuses to comply with a lawful order of law enforcement to disperse.

(b) Disorderly conduct is a Class C misdemeanor.

(c) The mere carrying of a pistol, holstered or otherwise secured on or about one’s person, without brandishing the weapon, in a public place, in and of itself, is not a violation of this section. For purposes of this subsection, “brandishing” shall mean the waving, flourishing, displaying, or holding of an item in a manner that is threatening or would appear threatening to a reasonable person, with or without explicit verbal threat, or in a wanton or reckless manner.

(d) Nothing in Act 2013-283 shall be construed to prohibit law enforcement personnel who have reasonable suspicion from acting to prevent a breach of the peace or from taking action to preserve public safety.
Ala. Code § 13A-6-157.1 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-157.1
Section 13A-6-157.1 Action by Attorney General; Venue
Status: in_force

(a) In addition to any other remedy under this article, if the Attorney General has reason to believe that any person, corporation, or any other legal entity is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this article, the Attorney General may bring an action in the name of the state in the appropriate state court against the person, corporation, or entity to restrain by temporary restraining order, or temporary or permanent injunction, the acts or practices.

(b) In addition to any other remedy under this article, the Attorney General may bring a civil action on behalf of the state in the appropriate state court to recover actual damages for victims of acts or practices performed in violation of this article.

(c) Venue for any action brought under this section is in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.
Ala. Code § 13A-11-64 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-64
Section 13A-11-64 Alteration, Etc., of Manufacturer’s Number, Etc., of Firearm; Possession, Etc., of Firearm After Identification Altered
Status: in_force

A person who either:

(1) Changes, alters, removes, or obliterates the name of the maker, model, manufacturer’s number or other mark or identification of any firearm, or

(2) Possesses, obtains, receives, sells, or uses a firearm after the maker, model, manufacturer’s number or other mark or identification has been changed, altered, removed, or obliterated, is guilty of a Class C felony.
Ala. Code § 13A-6-197 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-197
Section 13A-6-197 Financial Exploitation of an Elderly Person - Third Degree
Status: in_force

(a) The financial exploitation of an elderly person in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of the elderly person in the third degree.

(b) Financial exploitation of an elderly person in the third degree is a Class A misdemeanor.
Ala. Code § 13A-10-82 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-82
Section 13A-10-82 Misuse of Confidential Information
Status: in_force

(a) A public servant commits the crime of misuse of confidential information if in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:

(1) Acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action;

(2) Speculates or wagers on the basis of such information or action; or

(3) Aids another to do any of the foregoing.

(b) Misuse of confidential information is a Class B misdemeanor.
Ala. Code § 13A-7-80 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-80
Section 13A-7-80 Definitions; Penalties
Status: in_force

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

(1) BUILDING. Any structure that may be entered and utilized by persons for business, public use, lodging, or the storage of goods. The term includes any vehicle, aircraft, or watercraft used for the lodging of persons or carrying on business therein and includes any railroad boxcar or other rail equipment or trailer or tractor trailer, or combination thereof. Where a building consists of two or more units separately occupied or secure, each shall be deemed both a separate building and a part of the main building.

(2) STATE OF EMERGENCY. When the Governor duly proclaims the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by fire, flood, storm, epidemic, technological failure or accident, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism, man-made disaster, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city, or county and city and require the combined forces of a mutual aid region or regions to combat or an energy shortage which requires extraordinary measures beyond the authority vested in the Alabama Public Service Commission.

(b) A person commits the crime of looting if the person intentionally enters without authorization any building or real property during a state of emergency and obtains, exerts control over, damages, or removes the property of another person without lawful authority.

(c) The crime of looting is a Class C felony.

(d) The fact that a person may be subject to prosecution under this section shall not bar his or her prosecution or punishment for any other offense.
Ala. Code § 13A-6-1 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-1
Section 13A-6-1 Definitions
Status: in_force

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

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

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

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

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

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

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

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

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

(e) Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this section shall be construed to make an abortion legal which is not otherwise authorized by law.
Ala. Code § 13A-6-112 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-112
Section 13A-6-112 No Violation of Article
Status: in_force

No person shall be held to have violated this article solely for providing access or connection to or from a facility, system, or network not under the control of the person, including transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing access or connection that do not include the creation of the communication unless:

(1) The person is a conspirator with an entity actively involved in the creation of the obscene material.

(2) The person knowingly distributed a communication that violates this article.

(3) The person knowingly advertises the availability of the communication.

(4) The person knowingly provides access or connection to a facility, system, or network engaged in the violation of this article that is owned or controlled by the person.
Ala. Code § 13A-8-191 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-191
Section 13A-8-191 Definitions
Status: in_force

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

(1) IDENTIFICATION DOCUMENTS. Any papers, cards, or other documents issued by federal, state, or local governmental authorities that are used specifically to identify a person. Identification documents include, but are not limited to, driver’s licenses, military identification cards, passports, birth certificates, Social Security cards, and other government-issued identification cards.

(2) IDENTIFYING INFORMATION. Any information, used either alone or in conjunction with other information, that specifically identifies a person or a person’s property, and includes, but is not limited to, any of the following information related to a person:

a. Name.

b. Date of birth.

c. Social Security number.

d. Driver’s license number.

e. Financial services account numbers, including checking and savings accounts.

f. Credit or debit card numbers.

g. Personal identification numbers (PIN).

h. Electronic identification codes.

i. Automated or electronic signatures.

j. Biometric data.

k. Fingerprints.

l. Passwords.

m. Parent’s legal surname prior to marriage.

n. Any other numbers or information that can be used to access a person’s financial resources, obtain identification, act as identification, or obtain goods or services.

(3) VICTIM. A person whose identification documents or identifying information are used to perpetrate a crime created by this article.
Ala. Code § 13A-8-125 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-125
Section 13A-8-125 Equipment Used to Violate Article Is Contraband; Seizure and Forfeiture
Status: in_force

Any electronic or communications equipment or any other such devices used to violate the provisions of this article shall be considered contraband subject to seizure and forfeiture to the state.
Ala. Code § 13A-8-197 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-197
Section 13A-8-197 Court Records to Reflect Innocence of Victim
Status: in_force

In any case in which a person obtains identification documents or identifying information of another person in violation of this article and uses the documents or information to commit a crime in the name of another person, the court records for the crime shall reflect that the victim of this act did not commit the crime.
Ala. Code § 13A-12-211 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-211
Section 13A-12-211 Unlawful Distribution of Controlled Substances; Possession with Intent to Distribute a Controlled Substance
Status: in_force

(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V.

(b) Unlawful distribution of controlled substances is a Class B felony.

(c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance:

(1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine.

(2) More than two grams, but less than four grams, of any mixture of morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25.

(3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine.

(4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine.

(5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof.

(6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof.

(7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component.

(d) Unlawful possession with intent to distribute a controlled substance is a Class B felony.
Ala. Code § 13A-8-4 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-4
Section 13A-8-4 Theft of Property in the Second Degree
Status: in_force

(a) The theft of property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, constitutes theft of property in the second degree.

(b) Theft of property in the second degree is a Class C felony.

(c) The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree.

(d) The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value, constitutes theft of property in the second degree.

(e) The theft of any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value, constitutes theft of property in the second degree.
Ala. Code § 13A-11-232 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-232
Section 13A-11-232 Harassment of Service Dog
Status: in_force

(a) It is unlawful for a person who has received notice that his or her behavior is harassing to a dog the person knows or has reason to believe is a service dog to continue that behavior with malice or reckless disregard.

(b) It is unlawful for a person with reckless disregard to allow his or her dog that is not contained by a fence, a leash, or other containment system to harass a service dog.

(c) A person who violates subsection (a) or (b) is guilty of a Class C misdemeanor.
Ala. Code § 13A-10-208 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-208
Section 13A-10-208 Exclusions for Lawfully Intended Purposes
Status: in_force

(a) Photographs, videotapes, or other identification or analysis of a destructive device, explosive, poison gas, detonator, or bacteriological or biological weapon duly identified by an explosive ordnance disposal technician or a person qualified as a forensic expert in the area of destructive devices or bacteriological or biological weapons shall be admissible in a civil or criminal trial in lieu of the destructive device, detonator, or bacteriological or biological weapon.

(b) If a destructive device, explosive, poison gas, detonator, or bacteriological or biological weapon which has been rendered safe is introduced into evidence in any criminal or civil action, it shall be the duty of the clerk of court, the court reporter of the court, or any other person authorized by the court to immediately photograph the same and to transfer custody of the destructive device, explosive, detonator, or bacteriological or biological weapon to the director or his or her designee or an explosive ordnance disposal technician.
Ala. Code § 13A-9-13.2 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-13.2
Section 13A-9-13.2 Negotiating Worthless Negotiable Instrument - Notice of Refusal of Payment Upon Instrument
Status: in_force

For purposes of Section 13A-9-13.1:

(1) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering, or delivering the instrument.

(2) The form of notice shall be substantially as follows:

“This statutory notice is provided pursuant to Section 13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered _____, apparently issued by you on ________ (date), drawn upon ________ (name of bank), and payable to ________, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of not more than (fill in appropriate amount provided by law), the total amount due being $_____. Unless this amount is paid in full within the specified time above, the holder of such check or instrument may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution.”

(3) Any party holding a worthless negotiable instrument and giving notice in substantially similar form to that provided in subdivision (2) of this section shall be immune from civil or criminal liability for the giving of the notice and for proceeding under the forms of the notice.
Ala. Code § 13A-6-280 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-280
Section 13A-6-280 Short Title
Status: in_force

This article shall be known as and may be cited as the Alabama Adults with Disabilities Protection Act.
Ala. Code § 13A-10-108 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-108
Section 13A-10-108 Irregularities No Defense to Perjury Prosecution
Status: in_force

It is no defense to prosecution for perjury:

(1) That the oath was administered in an irregular manner.

(2) That there was some irregularity in the appointment or qualification of the person who administered the oath, if the taking of the oath was required or authorized by law.

(3) That the document was not sworn to if the document contains a recital that it was made under oath, the declarant was aware of the recital when he signed the document and the document contains the signed jurat of a public servant authorized to administer oaths.

(4) That the defendant mistakenly believed the false statement to be immaterial.

(5) That the statement was inadmissible under the law of evidence.
Ala. Code § 13A-12-204 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-204
Section 13A-12-204 Criminal Conspiracy to Commit Controlled Substance Crime
Status: in_force

(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.

(b) The principles of liability and defenses for criminal conspiracy to commit a controlled substance crime are the same as those specified in Sections 13A-4-3(b) through (f), Section 13A-4-4, and Section 13A-4-5.

(c) A criminal conspiracy to commit a controlled substance crime shall be punished the same as the controlled substance crime that is the object of the conspiracy.
Ala. Code § 13A-12-281 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-281
Section 13A-12-281 Additional Penalties Prescribed
Status: in_force

(a) In addition to any disposition and fine authorized by Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215, or 13A-12-231, or any other statute indicating the dispositions that can be ordered for such a conviction, every person convicted of a violation of any offense defined in the sections set forth above, shall be assessed for each offense an additional penalty fixed at one thousand dollars ($1,000) for a first offense and two thousand dollars ($2,000) for a second or subsequent offense.

(b) All penalties provided for in this division shall be in addition to and not in lieu of any fine authorized by law or required to be imposed pursuant to the provisions of the controlled substance statutes set forth in subsection (a) of this section, and nothing in this division shall be deemed to affect or suspend any other criminal sanctions imposed pursuant to these controlled substance statutes.
Ala. Code § 13A-11-91 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-91
Section 13A-11-91 Liability of Employers, Etc., for Damages Resulting from Presence of Firearms
Status: in_force

(a) Except as provided in subsection (g) of Section 13A-11-90, an employer and the owner and/or lawful possessor of the property on which the employer is situated shall be absolutely immune from any claim, cause of action or lawsuit that may be brought by any person seeking any form of damages that are alleged to arise, directly or indirectly, as a result of any firearm brought onto the property of the employer, owner, or lawful possessor by an employee, including a firearm that is transported in an employee’s privately owned motor vehicle.

(b) The presence of a firearm or ammunition on an employer’s property under the authority of Act 2013-283 does not, by itself, constitute the failure by the employer to provide a safe workplace.

(c) For the purposes of Act 2013-283, a public or private employer, or the employer’s principal, officer, director, employee, or agent, does not have a duty:

(1) To patrol, inspect, or secure:

a. Any parking lot, parking garage, or other parking area the employer provides for employees; or

b. Any privately owned motor vehicle located in a parking lot, parking garage, or other parking area the employer provides for employees; or

(2) To investigate, confirm, or determine an employee’s compliance with laws related to the ownership or possession of a firearm or ammunition or the transportation and storage of a firearm or ammunition.

(d) Nothing in this section shall be construed to provide immunity from liability to an employer, business entity, or property owner for his or her own affirmative wrongful acts that cause harm, damage, or injury to another.

(e) The denial by a court of a Motion to Dismiss based on immunity grounds shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order of the action. Such appeal may only be filed within 42 days of the order denying the Motion to Dismiss. The filing of such appeal, the failure to file an appeal, or the affirmance of the denial of the Motion to Dismiss shall in no way affect the right of the defendant, after entry of judgment, to appeal the denial of immunity. During the pendency of such appeal, the action in the trial court shall be stayed in all respects.

(f) Nothing in Act 2013-283 is intended to expand or limit the rights an employer or employee currently has under Chapter 5 of Title 25.
Ala. Code § 13A-5-52 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-52
Section 13A-5-52 Mitigating Circumstances - Inclusion of Defendant’s Character, Record, Etc
Status: in_force

In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant’s character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death.
Ala. Code § 13A-7-4 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-4
Section 13A-7-4 Criminal Trespass in the Third Degree
Status: in_force

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(b) Criminal trespass in the third degree is a violation.
Ala. Code § 13A-11-60 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-60
Section 13A-11-60 Possession or Sale of Brass or Steel Teflon-Coated Handgun Ammunition; Applicability of Section
Status: in_force

(a) Except as provided in subsection (b) of this section, the possession or sale of brass or steel teflon-coated handgun ammunition is illegal anywhere within the State of Alabama. The possession or sale of said ammunition or any ammunition of like kind designed to penetrate bullet-proof vests shall be unlawful and punishable as provided in subsection (c) of this section.

(b) The provisions of this section shall not apply to state or local law enforcement officers; nor shall it apply to the possession or sale of teflon-coated lead or brass ammunition designed to expand upon contact.

(c) Any person who while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession, teflon-coated ammunition for such firearm, upon conviction of such felony or attempted felony, in addition and consecutive to the punishment prescribed for said felony or attempted felony, shall be punished by the imposition of an additional term of three years in the penitentiary.

(d) Any person violating the provisions of this section shall be guilty of a Class C felony as defined by Section 13A-5-3.
Ala. Code § 13A-5-48 — Alabama Code / Title 13A / Chapter 5 / Section 13A-5-48
Section 13A-5-48 Process of Weighing Aggravating and Mitigating Circumstances Defined
Status: in_force

The process described in Sections 13A-5-46(e)(2), 13A-5- 46(e)(3) and Section 13A-5-47(e) of weighing the aggravating and mitigating circumstances to determine the sentence shall not be defined to mean a mere tallying of aggravating and mitigating circumstances for the purpose of numerical comparison. Instead, it shall be defined to mean a process by which circumstances relevant to sentence are marshalled and considered in an organized fashion for the purpose of determining whether the proper sentence in view of all the relevant circumstances in an individual case is life imprisonment without parole or death.
Ala. Code § 13A-11-222 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-222
Section 13A-11-222 Unlawfully Refusing to Yield Party Line
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 13A-11-92 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-92
Section 13A-11-92 Adoption If Policies Governing the Possession of Firearms or Other Weapons on Grounds Owned or Controlled by a Two-Year or Four-Year Institution of Higher Education
Status: in_force

(a) Notwithstanding any provision of state law to the contrary, the governing body of each two-year or four-year institution of higher education may adopt policies governing the possession of firearms or other weapons on grounds owned or controlled by the institution. The governing body may not adopt a policy in conflict with federal law.

(b) A policy adopted under subsection (a) shall allow for individuals not otherwise prohibited from possession of a firearm by state or federal law to possess a firearm and ammunition for that firearm in the individual’s privately owned motor vehicle while parked or operated on the grounds of the institution; provided, that the individual satisfies all of the following conditions:

(1) If the firearm is a pistol, the individual is not generally prohibited from possession of a pistol by state or federal law.

(2) If the firearm is any firearm legal for use for hunting in Alabama other than a pistol:

a. The individual possesses a valid Alabama hunting license.

b. The firearm is unloaded at all times on the grounds.

c. It is during a season in which hunting is permitted by Alabama law or regulation.

d. The individual has never been convicted of any crime of violence as that term is defined in Section 13A-11-70, nor of any crime set forth in Chapter 6 of Title 13A, nor is subject to a domestic violence protection order, as that term is defined in Section 13A-6-141.

e. The individual has no documented prior incidents on the grounds of the institution involving the threat of physical injury or which resulted in physical injury to another.

(3) The motor vehicle is operated or parked in a location where it is otherwise permitted to be.

(4) The firearm is either of the following:

a. In a motor vehicle attended by the individual, kept from ordinary observation within the individual’s motor vehicle.

b. In a motor vehicle unattended by the individual, kept from ordinary observation and locked within a compartment, container, or in the interior of the individual’s privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.

(c) It is the intent of the Legislature that constitutionally created boards of trustees of institutions of higher education comply with this section.
Ala. Code § 13A-6-85 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-85
Section 13A-6-85 Definitions
Status: in_force

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

(1) CHILD. A person under 19 years of age or a protected person under 22 years of age, as defined in Section 15-25-1.

(2) CLERGY MEMBER. Any of the following in a position of trust or authority over the child: A duly ordained, licensed, or commissioned minister, pastor, priest, rabbi, or practitioner of any bona fide established church or religious organization or any person who regularly, as a vocation, devotes a substantial portion of his or her time and abilities to the service of his or her church or religious organization.
Ala. Code § 13A-8-9 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-9
Section 13A-8-9 Theft of Lost Property in the Fourth Degree
Status: in_force

(a) The theft of lost property which does not exceed five hundred dollars ($500) in value constitutes theft of lost property in the fourth degree.

(b) Theft of lost property in the fourth degree is a Class A misdemeanor.
Ala. Code § 13A-8-233 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-233
Section 13A-8-233 Training for Prosecutors and Law Enforcement Agencies
Status: in_force

The Office of Prosecution Services, Office of the Attorney General, Alabama State Law Enforcement Agency, Alabama Association of Chiefs of Police, Alabama Sheriffs Association, Alabama Grocers Association, and Alabama Retail Association shall make reasonable coordinated efforts to develop training for prosecutors and law enforcement agencies throughout the state to combat organized retail crime, violations of Chapter 41 of Title 8, and other crimes negatively impacting small and large businesses in Alabama and make recommendations to the Alabama Legislature and Governor regarding public safety and the prevention of organized retail crime, enforcement and prosecution of this article and Chapter 41 of Title 8, as well as the impact of organized retail thefts on Alabama businesses and the public.
Ala. Code § 13A-6-139.2 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-139.2
Section 13A-6-139.2 Recordkeeping
Status: in_force

Each agency in the state that is involved with the enforcement, monitoring, or prosecution of crimes of domestic violence shall collect and maintain records of each domestic violence incident for access by investigators preparing for bond hearings and prosecutions for acts of domestic violence.
Ala. Code § 13A-8-121 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-121
Section 13A-8-121 Acts Punishable as Misdemeanors
Status: in_force

It shall be a misdemeanor for any person to knowingly:

(1) Obtain or attempt to obtain cable television service from a company by trick, artifice, deception or other fraudulent means with the intent to deprive such company of any or all lawful compensation for rendering each type of service obtained;

(2) Assist or instruct any other person in obtaining or attempting to obtain any cable television service without payment of all lawful compensation to the company providing such service;

(3) Make or maintain a connection or connections, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television without authority from the cable television company;

(4) Make or maintain any modification or alteration to any device installed with the authorization of a cable television company for the purpose of intercepting or receiving any program or other service carried by such company which such person is not authorized by such company to receive;

(5) Manufacture, import into this state, distribute, sell, lease or offer, possess, or advertise for sale or lease any device, or any plan or kit for a device or for a printed circuit designed in whole or in part to decode, descramble or otherwise make intelligible any encoded, scramble or other nonstandard signal carried by a cable television company with the intent that such device, plan or kit be used for the theft of such company’s services;

(6) Provided, however, that nothing in this section shall be construed to prohibit the manufacture, importation, sale, lease or possession of any television device possessing the internal hardware necessary to receive cable television signals without the use of a converter device or box, or of any television advertised as “cable ready”;

(7) Manufacture, import into this state, distribute, sell, offer for sale, rent or use any device, plan or kit for a device, designed in whole or in part to unlawfully perform or facilitate the unlawful performance of any of the acts set out in subdivisions (1)-(5) of this section;

(8) Provided, that nothing in this section shall be construed to limit a subscriber’s equipment selection to that of the cable company, so long as all equipment is properly installed and meets all local and FCC requirements.

Any person violating the provisions of this section shall, upon conviction, be guilty of a Class B misdemeanor.
Ala. Code § 13A-6-87 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-87
Section 13A-6-87 Clergy Member Engaging in a Sexual Contact with a Child
Status: in_force

(a)(1) It shall be unlawful for a clergy member to engage in sexual contact, as defined in Section 13A-6-60, with the child. Consent is not a defense to a charge under this section.

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

(b)(1) It shall be unlawful for a clergy member to solicit, persuade, encourage, harass, or entice a child to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined in Section 13A-6-60. Consent is not a defense to a charge under this section.

(2) A violation of subsection (b) is a Class C felony.
Ala. Code § 13A-9-48 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-48
Section 13A-9-48 Fraud in Insolvency
Status: in_force

(a) A person commits the crime of fraud in insolvency if, with the intent to defraud a creditor and with knowledge or reason to believe either that proceedings have been or are about to be instituted for the appointment of a receiver or that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he:

(1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor’s estate; or

(2) Presents to any creditor or to the receiver any writing or record relating to the debtor’s estate, not otherwise within the coverage of Sections 13A-10-101, 13A-10-102 or 13A-10-109, knowing or having reason to believe that it contains a false material statement; or

(3) Misrepresents or refuses to disclose to the receiver, under circumstances not amounting to a violation of Section 13A-10-4, the existence, amount or location of any part of or an interest in debtor’s estate, or any other information that he is legally required to furnish to the administrator.

(b) “Receiver” means an assignee or trustee for the benefit of creditors, a conservator, a liquidator or any other person legally entitled to administer property for the benefit of creditors.

(c) Fraud in insolvency is a Class B misdemeanor.
Ala. Code § 13A-9-3.1 — Alabama Code / Title 13A / Chapter 9 / Section 13A-9-3.1
Section 13A-9-3.1 Forgery in the Third Degree
Status: in_force

(a) A person commits the crime of forgery in the third degree if, with intent to defraud, he or she 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, an assignment or a check, draft, note, or other commercial instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status.

(b) Forgery in the third degree is a Class D felony.
Ala. Code § 13A-12-3.2 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-3.2
Section 13A-12-3.2 Delivery Sale to Persons Under Legal Minimum Age Prohibited; Acceptance of Purchase Order
Status: in_force

(a) No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum age.

(b) Each person accepting a purchase order for a delivery sale shall comply with the provisions of this chapter and all other laws of this state generally applicable to sales of cigarettes that occur within this state, including, but not limited to, those laws imposing excise taxes, sales taxes, license and revenue-stamping requirements, and escrow payment obligations.

(c) Violations of the delivery sales statutes shall, in addition to any other penalty provided by law, be subject to the penalties provided under subsection (b) of Section 8-19-12.
Ala. Code § 13A-10-204 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-204
Section 13A-10-204 Power to Compel Attendance of Witnesses and Production of Evidence
Status: in_force

In any case where there is reason to believe that a destructive device, detonator, explosive, bacteriological or biological weapon, or hoax device has been manufactured, possessed, transported, distributed, or used in violation of Act 2009-718 or that there has been an attempt or a conspiracy to commit a violation, the Attorney General, any district attorney, or the persons as may be designated in writing by these officials shall have the same power to compel the attendance of witnesses and the production of evidence before the official in the same manner as the State Fire Marshal or pursuant to the Alabama Rules of Criminal Procedure and the Alabama Rules of Civil Procedure.
Ala. Code § 13A-11-81 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-81
Section 13A-11-81 False Information in Applications for Licenses, Purchases, Etc
Status: in_force

No person shall, in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same, give false information or offer false evidence of his identity.
Ala. Code § 13A-11-184 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-184
Section 13A-11-184 Certain Persons Exempt
Status: in_force

The provisions of this article shall not apply to any person residing in any county in the state on September 12, 1966, who has not been convicted of or served time for a felony within the five years next preceding such date.
Ala. Code § 13A-11-220 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-220
Section 13A-11-220 Creating a Hazard
Status: in_force

(a) A person commits the crime of creating a hazard if:

(1) Having discarded, in any place accessible to children, a container having a compartment of more than one and one half cubic feet capacity and a door or lid that locks or fastens automatically when closed and cannot easily be opened from the inside, he fails to remove the door, lid or locking or fastening device; or

(2) Being the owner or otherwise having possession of land upon which there is an abandoned well, cistern or cesspool of a depth of four feet or more and a top width of 12 inches or more, he fails to fill, cover or fence it with a suitable protective construction.

(b) Creating a hazard is a Class B misdemeanor.
Ala. Code § 13A-7-44 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-44
Section 13A-7-44 Criminal Possession of Explosives
Status: reserved

Repealed by Act 2009-718, p. 2115, §23, effective August 1, 2009.
Ala. Code § 13A-11-155 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-155
Section 13A-11-155 Restitution
Status: in_force

Any person convicted of a violation of this article shall also be required by the court to make restitution of two times the value of the animal or crop damaged, destroyed, or lost to the owner or operator of the animal or crop facility for any reasonable costs of replacing materials, data, equipment, animals, crops, and records that may have been damaged, destroyed, lost, or cannot be returned, and reasonable cost of repeating any experimentation that may have been interrupted or invalidated as a result of any violation of this article.
Ala. Code § 13A-12-193 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-193
Section 13A-12-193 Proof of Age of Person Contained in Visual Depiction; Inferences as to Age
Status: in_force

(a) In proving that an individual in a visual depiction who is engaged in any sexually explicit conduct is under 18 years of age, the state is not required to introduce into evidence a birth certificate, produce testimony as to the date of birth of the individual, or produce testimony of any person who knows or is acquainted with the individual alleged to be under 18 years of age. If the defendant or the state intends to rely on a birth certificate to prove the date of birth of any individual, the defendant or the state shall file with the clerk of the court in which the action is pending, at least 15 days prior to trial, a notice of an intention to rely on an official, certified copy of a birth certificate together with a copy of the birth certificate.

(b) The factfinder may infer from the following factors whether or not the individual displayed or depicted in any visual depiction is under 18 years of age :

(1) The general body growth and bone structure of the individual.

(2) The development of pubic hair or body hair on the individual.

(3) The development of the individual’s sexual organs .

(4) The context in which the individual is placed by any accompanying printed or text material .

(5) Any expert testimony as to the degree of maturity of the individual .

(c) The existence of any or all of the factors listed in subsection (b) shall not operate to change the requirement that before any conviction may be had, the state must convince the factfinder beyond a reasonable doubt that the individual engaged in the sexually explicit conduct is or is virtually indistinguishable from an individual under 18 years of age .

(d) It is an affirmative defense to prosecution under this division if the actual individual purported to be under 18 years of age and engaged in sexually explicit conduct was an actual individual 18 years of age or older at the time of the offense.
Ala. Code § 13A-7-120 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-120
Section 13A-7-120
Status: in_force

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

(1) OPERATE. To act as the individual in direct and immediate control of an unmanned aircraft system, regardless of the method of control.

(2) TICKETED ENTERTAINMENT EVENT. Any music, sporting, or performing arts event held in a location with gated entries or barriers that prevent access to the general public and in which a revocable license that has been issued by an owner, operator, or lessee of the property is required for an individual to attend the event.

(3) UNMANNED AIRCRAFT SYSTEM. As defined in Section 13A-7-4.3.

(b)(1) It shall be unlawful to operate an unmanned aircraft system within 400 feet of or above a ticketed entertainment event.

(2) A violation of this subsection is punishable by a fine of up to five hundred dollars ($500).

(3) A second or subsequent violation of this subsection is a Class A misdemeanor.

(c) Subsection (b) shall not apply to an operator of an unmanned aircraft system in any of the following scenarios:

(1) The operator has obtained consent by any person with legal authority over the ticketed entertainment event.

(2) The operator is authorized by federal regulations to operate an unmanned aircraft system and is operating the system in a lawful manner consistent with federal regulations.

(3) The operator is an employee of the property where the event is being held and is conducting official business.

(4) The operator is an employee of a utility service provider and is conducting official business.

(5) The operator is an owner of private property who is operating an unmanned aircraft system that he or she owns above the private property, where the operation is consistent with federal regulations and is not done for commercial purposes, to convey or communicate a message, or to record for the purposes of commercial broadcasting, commercial publication, monitoring, or to otherwise interfere with a ticketed entertainment event.

(6) The operator is an employee or volunteer with a state agency, law enforcement agency, fire department, or emergency management agency and is conducting official business.

(7) The ticketed entertainment event is a middle school or high school sports event.
Ala. Code § 13A-8-16 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-16
Section 13A-8-16 Receiving Stolen Property - Definition
Status: in_force

(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.

(b) If a person:

(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or

(2) Possesses goods or property which have been recently stolen; or

(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.

(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
Ala. Code § 13A-11-204 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-204
Section 13A-11-204 Residential Limitations on Criminal Sex Offenders in Class 1 Municipalities
Status: in_force

(a) This section shall only apply in a Class 1 municipality.

(b) No adult or unrelated juvenile criminal sex offender shall establish a residence or other living accommodation in a residence where another criminal sex offender resides whose name appears on the Jefferson County Sheriff’s official published sex offender list.

(c) The owner or lessee of the property who knowingly, willingly, or intentionally permits a violation of subsection (b) shall be fined five thousand dollars ($5,000) for each violation and those fees, once collected, will be distributed to the Birmingham Police Department Sex Offender Unit.

(d) The owner or lessee of the property shall not be in violation of subsection (b) if the sex offender is the spouse or child of the owner or lessee or if the spouse or child is the owner or lessee of the property.

(e) The owner is not in violation where the application for a lease or the lease itself provides a signed statement by the lessee that the lessee is not a convicted sex offender.
Ala. Code § 13A-12-70 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-70
Section 13A-12-70 Transportation by Certain Persons; Seizure of Vehicles Used
Status: in_force

Any transportation or conveyance within this state of any slip, ticket, card, paper, writing, article, thing or other device or paraphernalia which is customarily or usually used in the operation of a form or type of lottery commonly known as a numbers (or number) game or policy game (herein called “lottery paraphernalia”) or any possession thereof in any vehicle of transportation by any person who is or has been within three years next preceding actually engaged in or connected with the setting up, conducting or operation of any such game, or who is or has been within three years next preceding an employee of a person or persons who are or have been engaged in setting up, conducting or operating of any such game is hereby declared to be a misdemeanor; and all conveyances or vehicles of transportation which have been within three years next preceding or are used by such persons for the conveying or transporting of such prohibited lottery paraphernalia into this state or from one point in the state to another point within the state, or in which conveyance any such lottery paraphernalia may be contained or found while such conveyance is in the custody or control of such person shall be contraband and shall be forfeited to the State of Alabama and shall be seized by any sheriff or other person acting under authority of the law in the enforcement of the laws of this state who become cognizant of the facts or who finds such prohibited lottery paraphernalia being transported, stored or contained as aforesaid in such conveyance or vehicle. And such officer or person shall report the seizure and the facts connected therewith to a district attorney in the county where seizure is made, or, in default thereof, to the Attorney General of the state, giving full description of the vehicle or conveyance seized and detained, the person in whose possession it was found, the person making a claim to the same, or any interest therein, if the name can be ascertained or is known, and the date of seizure.
Ala. Code § 13A-8-227 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-227
Section 13A-8-227 Forfeiture and Restitution for Organized Retail Theft
Status: in_force

(a) Any proceeds, property obtained by proceeds, or instruments of the crimes of organized retail theft or retail theft may be subject to forfeiture pursuant to the procedures set forth in Section 20-2-93.

(b) When a person is convicted of organized retail theft, upon request of the district attorney, the court shall order the defendant to make restitution as follows:

(1) To the retail merchant victim, pursuant to the procedures set forth in Section 15-18-67.

(2) To the primary investigative law enforcement and prosecutorial entities for any legitimate cost incurred in the course of the investigation or prosecution, pursuant to the procedures set forth in Section 20-2-190(j), or an amount agreed upon by the district attorney.
Ala. Code § 13A-6-70 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-70
Section 13A-6-70 Lack of Consent
Status: in_force

(a) Unless otherwise stated, an element of every offense defined in this article is that the sexual act was committed without the consent of the victim.

(b) Lack of consent results from either of the following:

(1) Forcible compulsion.

(2) Being incapable of consent.

(c) A person is deemed incapable of consent if he or she is either:

(1) Less than 16 years old.

(2) Incapacitated.

(d) Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.
Ala. Code § 13A-8-10.6 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-10.6
Section 13A-8-10.6 Cargo Theft
Status: in_force

(a) A person commits the crime of cargo theft if the person knowingly obtains or exerts unauthorized control over either of the following:

(1) A vehicle engaged in commercial transportation of cargo or an appurtenance thereto, including, without limitation, a trailer, semitrailer, container, railcar, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another, with the intention of depriving the other person of the property, regardless of the manner in which the property is taken or appropriated.

(2) A trailer, semitrailer, container, railcar, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another, with the intention of depriving the other person of the property, regardless of the manner in which the property is taken or appropriated.

(b)(1) Cargo theft that has a collective value in excess of fifty thousand dollars ($50,000) is a Class B felony, except the punishment shall be a term of imprisonment of not less than 10 years nor more than 20 years and a fine not to exceed one hundred fifty thousand dollars ($150,000).

(2) Cargo theft that has a collective value exceeding ten thousand dollars ($10,000), but not exceeding fifty thousand dollars ($50,000), is a Class C felony, except the offense shall be punishable by a term of imprisonment of not less than five years nor more than 10 years and a fine not to exceed seventy-five thousand dollars ($75,000).

(3) Cargo theft that has a collective value exceeding five hundred dollars ($500), but does not exceed ten thousand dollars ($10,000), is a Class D felony, except the offense shall be punishable by a term of imprisonment of not less than two years and a fine not to exceed twenty thousand dollars ($20,000).

(4) Cargo theft that has a collective value of five hundred dollars ($500) or less, is a Class A misdemeanor.

(5) A person convicted of cargo theft may also be disqualified from driving a commercial motor vehicle for a period of one year for the first conviction and for life for the second or subsequent conviction, subject to possible reduction as provided in subsection (c) of Section 32-6-49.11.
Ala. Code § 13A-11-80 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-80
Section 13A-11-80 Loans Secured by Deposit, Etc., of Pistol Prohibited; Certain Transfers Prohibited
Status: in_force

No person shall make any loan secured by a mortgage, deposit or pledge of a pistol contrary to this division, nor shall any person lend or give a pistol to another or otherwise deliver a pistol contrary to the provisions of this division.
Ala. Code § 13A-10-7 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-7
Section 13A-10-7 Compounding
Status: in_force

(a) A person commits the crime of compounding if he gives or offers to give, or accepts or agrees to accept, any pecuniary benefit or other thing of value in consideration for:

(1) Refraining from seeking prosecution of a crime; or

(2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to the crime.

(b) It is a defense to a prosecution under this section that the pecuniary benefit did not exceed an amount which the actor reasonably believed to be due as restitution or indemnification for harm caused by the offense. The burden of injecting this defense is on the defendant.

(c) Compounding is a Class A misdemeanor.
Ala. Code § 13A-8-60 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-60
Section 13A-8-60 Defined
Status: in_force

The term “shopping cart,” when used in this article, shall mean those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store.
Ala. Code § 13A-7-5 — Alabama Code / Title 13A / Chapter 7 / Section 13A-7-5
Section 13A-7-5 Burglary in the First Degree
Status: in_force

(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:

(1) Is armed with explosives; or

(2) Causes physical injury to any person who is not a participant in the crime; or

(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

(b) Burglary in the first degree is a Class A felony.
Ala. Code § 13A-12-294 — Alabama Code / Title 13A / Chapter 12 / Section 13A-12-294
Section 13A-12-294 Collection of Fee
Status: in_force

The Director of the Alabama State Law Enforcement Agency shall establish and collect a nonrefundable fee in the amount of twenty-five dollars ($25) for costs incurred by the department in the administration of this division. The fee shall be in addition to the fees established under Section 32-6-17. The additional fee shall be collected upon application for reinstatement and the proceeds shall be deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Alabama State Law Enforcement Agency. All money deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Alabama State Law Enforcement Agency shall be expended by the Alabama State Law Enforcement Agency for law enforcement purposes. No money shall be withdrawn or expended from the fund for any purpose unless the money has been allotted and budgeted in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill or other appropriation bills.
Ala. Code § 13A-10-154 — Alabama Code / Title 13A / Chapter 10 / Section 13A-10-154
Section 13A-10-154 Hindering Prosecution of Terrorism
Status: in_force

(a)(1) A person is guilty of hindering prosecution of terrorism in the second degree when he or she renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that the person engaged in conduct constituting an act of terrorism.

(2) Hindering prosecution of terrorism in the second degree is a Class B felony.

(b)(1) A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than one of the participants, knowing or believing that the person engaged in conduct constituting an act of terrorism.

(2) Hindering prosecution of terrorism in the first degree is a Class A felony.
Ala. Code § 13A-11-153 — Alabama Code / Title 13A / Chapter 11 / Section 13A-11-153
Section 13A-11-153 Prohibited Acts
Status: in_force

It shall be unlawful for any person to do any of the following:

(1) Intentionally release, steal, destroy, demolish, obliterate, or otherwise cause loss of any animal or crop from an animal or crop facility without the consent of the owner.

(2) Damage, vandalize, or steal any property on or from an animal or crop facility.

(3) Obtain access to an animal or crop facility by false pretenses for the purpose of performing acts not authorized by that facility.

(4) Break and enter into any animal or crop facility with the intent to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, animals, or crops.

(5) Knowingly obtain control by theft or deception that is unauthorized, or to exert control that is unauthorized over any records, data, materials, equipment, animals, or crops of any animal or crop facility for the purpose of depriving the rightful owner or facility of records, materials, data, equipment, animals, or crops.

(6) Possess or use records, materials, data, equipment, crops, or animals in any way to copy or reproduce records or data of an animal or crop facility knowing or reasonably believing that the records, materials, data, equipment, crops, or animals have been obtained by theft or deception, or without authorization of the rightful owners or administrators of the animal or crop facility.

(7) Enter or remain on an animal or crop facility with the intent to commit an act prohibited under this section.
Ala. Code § 13A-8-10.5 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-10.5
Section 13A-8-10.5 Theft of Valor
Status: in_force

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

(1) CONGRESSIONAL MEDAL OF HONOR. Includes any of the following:

a. A Medal of Honor awarded under Section 3741, 6241, or 8741 of Title 10 or Section 491 of Title 14 of the United States Code.

b. A duplicate Medal of Honor issued under Section 3754, 6256, or 8754 of Title 10 or Section 504 of Title 14 of the United States Code.

c. A replacement of a Medal of Honor provided under Section 3747, 6253, or 8747 of Title 10 or Section 501 of Title 14 of the United States Code.

(2) MATERIAL GAIN. Something of value received, bestowed, conferred, presented, granted, contributed, funded, gifted, donated, bequeathed, decided, or approved, regardless of the monetary, rumunerative, or tangible value. This includes, but is not limited to, food, lodging, compensation, travel expenses, placards, public benefits, public relief, financial relief, or anything in which or for which a tangible benefit was gained, even if the value of such is de minimis.

(b) A person commits the crime of theft of valor if he or she does any of the following:

(1) Knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges anything of value for any of the following and receives a material gain, unless the person is authorized under applicable state or federal regulations or law:

a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.

b. A service medal or badge awarded to a member of the Armed Forces of the United States.

c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.

(2) Falsely represents himself or herself, verbally or in writing, to have been awarded any of the following in order to receive, or attempt to receive, a material gain:

a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.

b. A service medal or badge awarded to a member of the Armed Forces of the United States.

c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.

(c)(1) Except as provided in subdivisions (2) and (3), theft of valor is a Class B misdemeanor.

(2) If any of the following decorations or medals, including a duplicate or replacement thereof, are the subject of an offense under subsection (b), the offense is a Class A misdemeanor and a minimum fine of five thousand dollars ($5,000) shall be imposed:

a. A Distinguished-Service Cross awarded under Section 3742 of Title 10 of the United States Code.

b. A Navy Cross awarded under Section 6242 of Title 10 of the United States Code.

c. An Air Force Cross awarded under Section 8742 of Section 10 of the United States Code.

d. A Silver Star awarded under Section 3746, 6244, or 8746 of Title 10 of the United States Code.

e. A Purple Heart awarded under Section 1129 of Title 10 of the United States Code.

(3) If a Congressional Medal of Honor is the subject of an offense under subsection (b), the offense is a Class C felony.

(d) Notwithstanding any other law, the limitation period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the offense.
Ala. Code § 13A-6-25 — Alabama Code / Title 13A / Chapter 6 / Section 13A-6-25
Section 13A-6-25 Criminal Coercion
Status: in_force

(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.

(b) Criminal coercion is a Class A misdemeanor.
Ala. Code § 13A-8-225 — Alabama Code / Title 13A / Chapter 8 / Section 13A-8-225
Section 13A-8-225 Retail Theft in the Third Degree
Status: in_force

(a) Retail theft that does not exceed five hundred dollars ($500) in retail value constitutes retail theft in the third degree.

(b) Retail theft in the third degree is a Class A misdemeanor.

(c) A fourth or subsequent conviction for an offense under this article is a Class C felony.