reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-8 - Theft of Lost Property in the Second Degree.

Section 13A-8-8
Theft of lost property in the second degree.
(a) The theft of lost property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the second degree.
(b) Theft of lost property in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3207; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-8.1 - Theft of Lost Property in the Third Degree.

Section 13A-8-8.1
Theft of lost property in the third degree.
(a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of lost property in the third degree.
(b) Theft of lost property in the third degree is a Class D felony.
(Act 2015-185, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-9 - Theft of Lost Property in the Fourth Degree.

Section 13A-8-9
Theft of lost property in the fourth degree.
(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.
(Acts 1977, No. 607, p. 812, §3208; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10 - Theft of Services - Definition.

Section 13A-8-10
Theft of services - Definition.
(a) A person commits the crime of theft of services if:
(1) He intentionally obtains services known by him to be available only for compensation by deception, threat, false token or other means to avoid payment for the services; or
(2) Having control over the disposition of services of others to which he is not entitled, he knowingly diverts those services to his own benefit or to the benefit of another not entitled thereto.
(b) "Services" includes but is not necessarily limited to labor, professional services, transportation, telephone or other public services, accommodation in motels, hotels, restaurants or elsewhere, admission to exhibitions, computer services and the supplying of equipment for use.
(c) Where compensation for services is ordinarily paid immediately upon the rendering of them, as in the case of motels, hotels, restaurants and the like, absconding without payment or bona fide offer to pay is prima facie evidence under subsection (a) that the services were obtained by deception.
(d) If services are obtained under subdivision (a) (1) from a hotel, motel, inn, restaurant or cafe, no prosecution can be commenced after 120 days from the time of the offense.
(Acts 1977, No. 607, p. 812, §3210; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10.1 - Theft of Services in the First Degree.

Section 13A-8-10.1
Theft of services in the first degree.
(a) The theft of services which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of services in the first degree.
(b) Theft of services in the first degree is a Class B felony.
(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10.2 - Theft of Services in the Second Degree.

Section 13A-8-10.2
Theft of services in the second degree.
(a) The theft of services between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes theft of services in the second degree.
(b) Theft of services in the second degree is a Class C felony.
(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10.25 - Theft of Services in the Third Degree.

Section 13A-8-10.25
Theft of services in the third degree.
(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.
(Act 2015-185, §7.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10.3 - Theft of Services in the Fourth Degree.

Section 13A-8-10.3
Theft of services in the fourth degree.
(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.
(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10.4 - Theft of Trademarks or Trade Secrets.

Section 13A-8-10.4
Theft of trademarks or trade secrets.
(a) For purposes of this section:
(1) ARTICLE. Any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(2) COPY. A facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.
(3) REPRESENTING. Describing, depicting, containing, constituting, reflecting, or recording.
(4) TRADE SECRET. The whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.
(5) TRADEMARK. Any word, name, symbol, or device adopted and used by any person or business entity to identify his goods or services, and to distinguish them from the goods or services of others.
(b) A person commits the crime of "theft of trade secrets or trademarks" if, without the owner's effective consent, he knowingly:
(1) Steals a trade secret;
(2) Makes a copy of an article representing a trade secret;
(3) Communicates or transmits a trade secret;
(4) Makes a copy or reproduction of a trademark for any commercial purpose; or
(5) Sells an article on which a trademark is reproduced knowing said trademark was used without the owner's consent.
(c) Theft of trade secrets or trademarks is a Class C felony.
(Acts 1983, No. 83-563, p. 864; Acts 1984, No. 84-278, p. 465, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10.6 - Cargo Theft.

Section 13A-8-10.6
Cargo theft.
(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.
(Act 2016-109, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-10.7 - Fifth Wheel Tampering.

Section 13A-8-10.7
Fifth wheel tampering.
(a) A person commits the crime of fifth wheel tampering if the person, with the intent to commit cargo theft does either of the following:
(1) Modifies, alters, or attempts to alter a fifth wheel or the antitheft locking device attached.
(2) Sells, possesses, offers to sell, moves, or causes to be moved on the highways of this state a modified or altered fifth wheel.
(b) Fifth wheel tampering is a Class C felony.
(Act 2016-109, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-11 - Unauthorized Use of Vehicle; Unlawful Breaking and Entering a Vehicle.

Section 13A-8-11
Unauthorized use of vehicle; unlawful breaking and entering a vehicle.
(a) A person commits the crime of unauthorized use of a vehicle if:
(1) Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle; or
(2) Having custody of propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, he intentionally uses or operates it, without the consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or
(3) Having custody of a propelled vehicle pursuant to an agreement with the owner thereof whereby it is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement.
(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony.
(b) A person commits the crime of unlawful breaking and entering a vehicle if, without the consent of the owner, he breaks into and enters a vehicle or any part of a vehicle with the intent to commit any felony or theft. For the purposes of this section, "enters" means to intrude:
(1) Any part of the body; or
(2) Any physical object connected with the body.
(3) Unlawful breaking and entering a vehicle is a Class C felony.
(Acts 1977, No. 607, p. 812, §3225; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-12 - Defenses to Prosecutions for Theft and Unauthorized Use of Vehicle.

Section 13A-8-12
Defenses to prosecutions for theft and unauthorized use of vehicle.
(a) It is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him.
(b) The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-13 - Extortion - Definition.

Section 13A-8-13
Extortion - Definition.
A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property.
(Acts 1977, No. 607, p. 812, §3235.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-14 - Extortion in the First Degree.

Section 13A-8-14
Extortion in the first degree.
(a) Extortion by means of a threat, as defined in paragraphs (13)a or (13)c of Section 13A-8-1, constitutes extortion in the first degree.
(b) Extortion in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3236.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-15 - Extortion in the Second Degree.

Section 13A-8-15
Extortion in the second degree.
(a) Extortion by means of a threat, as defined in paragraphs (13)b or (13)d through (13)k of Section 13A-8-1, constitutes extortion in the second degree.
(b) A person is not liable under this section for a threat, as defined in paragraph (13)e of Section 13A-8-1, if he honestly claims the property as restitution or indemnification for harm done in the circumstances to which the threat relates, or as compensation for property or lawful services. The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
(c) Extortion in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3237.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-16 - Receiving Stolen Property - Definition.

Section 13A-8-16
Receiving stolen property - Definition.
(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.
(b) If a person:
(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or
(2) Possesses goods or property which have been recently stolen; or
(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.
(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
(Acts 1977, No. 607, p. 812, §3240; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-17 - Receiving Stolen Property in the First Degree.

Section 13A-8-17
Receiving stolen property in the first degree.
(a) Receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree.
(b) Receiving stolen property in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3241; Act 2003-355, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-18 - Receiving Stolen Property in the Second Degree.

Section 13A-8-18
Receiving stolen property in the second degree.
(a) Any of the following constitutes receiving stolen property in the second degree:
(1) Receiving stolen property that is between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value.
(2) Receiving stolen property of any value under the circumstances described in subdivision (b)(3) of Section 13A-8-16.
(3) Receiving stolen property that is a firearm, rifle, or shotgun, regardless of its value.
(b) Receiving stolen property in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3242; Acts 1979, No. 79-471, p. 812, §1; Act 2003-355, p. 962, §1; Act 2015-185, p. 476, §2; Act 2019-521, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-18.1 - Receiving Stolen Property in the Third Degree.

Section 13A-8-18.1
(Effective January 30, 2016, subject to funding contingency) Receiving stolen property in the third degree.
(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.
(Act 2015-185, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-19 - Receiving Stolen Property in the Fourth Degree.

Section 13A-8-19
Receiving stolen property in the fourth degree.
(a) Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the fourth degree.
(b) Receiving stolen property in the fourth degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §3243; Acts 1979, No. 79- 471, p. 862, §1; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-20 - Bringing Stolen Property Into This State.

Section 13A-8-20
Bringing stolen property into this state.
Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere shall, on conviction, be punished as if he had stolen it in this state.
(Code 1852, §167; Code 1867, §3713; Code 1876, §4368; Code 1886, §3793; Code 1896, §5053; Code 1907, §7328; Code 1923, §4911; Code 1940, T. 14, §337; Code 1975, §13-3-54.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-21 - Bringing Into State Property Obtained by False Pretense Elsewhere.

Section 13A-8-21
Bringing into state property obtained by false pretense elsewhere.
Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false pretense, with intent to defraud, shall, on conviction, be punished as if he had stolen the same.
(Code 1886, §3818; Code 1896, §4736; Code 1907, §6926; Code 1923, §4140; Code 1940, T. 14, §218; Code 1975, §13-3-96.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-22 - Obscuring Identity of Vehicle.

Section 13A-8-22
Obscuring identity of vehicle.
(a) A person commits the crime of obscuring identity of a vehicle if:
(1) He obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle or component part thereof, except tires, with intent to render it unidentifiable; or
(2) He possesses a vehicle or component part thereof knowing that the manufacturer's serial number or other identification number or mark has been obscured unless he legally acquired ownership of the vehicle or part before the manufacturer's serial number was obscured or before he knew it was obscured.
(b) "Obscure" means to remove, deface, cover, alter, destroy or otherwise render unidentifiable.
(c) "Vehicle" means any propelled device in, upon or by which any person or property is transported on land, water or in the air, including stationary rails or tracks, and includes motor vehicles, motorboats, vessels and aircraft.
(d) Proof that a person has obscured the manufacturer's serial number or other distinguishing identification number or mark on a vehicle is prima facie evidence that he did so with the intent to render it unidentifiable within the meaning of subdivision (a)(1) of this section.
(e) Possession of a vehicle held for sale in the course of business on which the serial number or other identification number or mark has been obscured is prima facie evidence of knowledge of that fact.
(f) A report by the defendant to the police or other appropriate government agency before arrest is a defense to a charge of violating subdivision (a)(2) of this section. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(g) Obscuring identity of a vehicle is a Class C felony.
(Acts 1977, No. 607, p. 812, §3250; Acts 1978, No. 770, p. 1110.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1 - Theft and Related Offenses. › Section 13A-8-22.1 - Advertisement for Purchase of a Salvage or Junk Branded Motor Vehicle.

Section 13A-8-22.1
Advertisement for purchase of a salvage or junk branded motor vehicle.
(a) A person, as defined in Section 32-8-2, who advertises in a newspaper, on a website, on a public display or sign, or through an online service, for the purchase of a salvage or junk branded motor vehicle shall clearly and conspicuously disclose on the advertisement his or her true and correct company name, physical address, telephone number, and current license number issued under, and registered in accordance with, Article 8 or Article 9, Chapter 12, Title 40, or Chapter 8, Title 13A.
(b)(1) A person who advertises in violation of subsection (a) commits a Class A misdemeanor.
(2) A person required by state law to be licensed as a motor vehicle dealer, who is not licensed, and who advertises in violation of subsection (a), commits a Class A misdemeanor.
(3) One half of any fines assessed and collected for violations of this subsection shall be deposited into the General Fund and one half of any fines assessed and collected for violations of this subsection shall be deposited with the local law enforcement agency that has jurisdiction over the crime committed.
(c) Subsections (a) and (b) do not apply to either of the following:
(1) A person who offers to purchase a motor vehicle on his or her behalf for personal purposes other than rebuilding, dismantling, or recycling into metallic scrap as provided by Section 32-8-87, or a motor vehicle that meets the conditions set forth in paragraph f. of subdivision (2) of subsection(s) of Section 32-8-87.
(2) A motor vehicle dealer with an advertisement that is physically attached to the outside of its physical address or location, located on dealership property, or on an easement directly adjacent to dealership property.
(d) This section does not apply to any of the following:
(1) A person conducting a private transaction seeking to sell his or her own personal vehicle.
(2) A person licensed under Article 8 or Article 9, Chapter 12, Title 40.
(3) A person registered in accordance with Article 1A, Chapter 8, Title 13A.
(Act 2017-191, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-30 - Definitions.

Section 13A-8-30
Definitions.
As used in this article, the following terms have the following meanings:
(1) FERROUS METALS. Any metals containing significant quantities of iron or steel, excluding motor vehicles purchased in accordance with Section 32-8-87.
(2) LAW ENFORCEMENT OFFICER. A duly constituted and certified peace officer of the State of Alabama or of any county or municipality within the state.
(3) METAL PROPERTY. Metals as defined in this section as either ferrous or nonferrous metals.
(4) NONFERROUS METALS. Metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel beer kegs.
(5) PERSON. An individual, partnership, corporation, joint venture, trust, association, or any other legal entity.
(6) PERSONAL IDENTIFICATION CARD. A driver's license or identification card issued by the Alabama State Law Enforcement Agency or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security.
(7) PHOTOGRAPH. A still photographic image, including an image captured in digital format, which is of such quality that the persons and objects depicted are identifiable.
(8) PURCHASE TRANSACTION. A transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property.
(9) SECONDARY METALS RECYCLER. Any person, whether licensed or not licensed, who is engaged, from a fixed location or otherwise, in the business of paying compensation for ferrous or nonferrous metals, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. The term does not include a pawnbroker licensed pursuant to Chapter 19A of Title 5, or a licensed automotive dismantler and parts recycler as defined in Section 40-12-410, unless the entities engage in the business of paying compensation for ferrous or nonferrous metals.
(10) VERIFIABLE DOCUMENTATION. Written evidence of ownership which may be verified, including, but not limited to, receipts, bills of sale, titles, certificates of title, purchase agreements, shipping manifests, work orders, etc.
(Act 2007-451, p. 930, §1; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-31.1 - Payment and Purchase Limitations.

Section 13A-8-31.1
Payment and purchase limitations.
THIS SECTION WAS AMENDED BY ACT 2022-114 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) A secondary metals recycler may not enter into any cash transactions in excess of fifty dollars ($50) for copper, copper/aluminum air conditioning coils, or catalytic converters, or any items described in subdivision (a)(2) or (a)(10) of Section 13A-8-37, or any cash transaction in excess of five hundred dollars ($500) for all other metals in payment for the purchase of metal property. Payment by check may be made payable only to the person whose information was recorded pursuant to Section 13A-8-31.
(b) It shall be unlawful for a secondary metals recycler to purchase metal property from a person younger than 18 years of age.
(c) Metal property may not be purchased between the hours of 9:00 p.m. and 6:00 a.m.
(d) Any person who intentionally violates the requirements of this section shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(Act 2012-426, p. 1149, §2; Act 2022-114, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-31.2 - Registration and Reporting Requirements.

Section 13A-8-31.2
Registration and reporting requirements.
(a) All secondary metals recyclers subject to this article shall register with the Alabama Criminal Justice Information Center (ACJIC) by August 31, 2012, and shall pay an annual registration fee of two hundred fifty dollars ($250) to ACJIC. In the event the electronic reporting system is not fully implemented by August 1, 2012, the record maintenance and reporting requirements of the current law shall remain in full force and effect until such time as the ACJIC electronic reporting system is fully implemented. The registration shall include the name of the business, address of the business, telephone number, and the name of the owner or owners of the business.
(b)(1) Prior to January 1, 2013, secondary metals recyclers shall continue to abide by any reporting requirements currently in effect and followed by the recyclers.
(2) Effective January 1, 2013, secondary metals recyclers shall enter the information required by subdivisions (1), (3), (4), (5), (7), and (9) of subsection (a) of Section 13A-8-31 into a database maintained by the ACJIC and shall transmit such information electronically to the database no later than 9:00 P.M. on the day of a purchase transaction. The ACJIC Commission in consultation with the members of the Alabama Recycling Association shall promulgate rules, regulations, and policies for the receipt and dissemination of the information in the database through ACJIC information systems. All information reported by secondary metals recyclers pursuant to this section shall be considered to be confidential and privileged and exempt from disclosure under Section 41-13-1. The ACJIC Commission shall ensure that adequate safeguards are incorporated and maintained so that the data may be accessed and used only by properly authorized law enforcement agencies for the purpose of investigating thefts of metal property. Any person releasing or using this data in an unauthorized manner shall be subject to the provisions of Section 13A-10-82.
(c) Any person who intentionally violates the requirements of this section shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(Act 2012-426, p. 1149, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-32 - Inspections.

Section 13A-8-32
Inspections.
During the usual and customary business hours of a secondary metals recycler, a law enforcement officer, after properly identifying himself or herself as a law enforcement officer, shall have the right to inspect:
(1) All purchased metal property in the possession of the secondary metals recycler.
(2) All records required to be maintained under Section 13A-8-31.
(Act 2007-451, p. 930, §3; Act 2012-426, p. 1149, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-33 - Law Enforcement Officers Authorized to Place Hold on Certain Sales of Metals.

Section 13A-8-33
Law enforcement officers authorized to place hold on certain sales of metals.
(a)(1) Whenever a law enforcement officer has reasonable suspicion to believe that any item of metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer, may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this section.
(2) Upon receipt of the notice, the secondary metals recycler may not process or remove the items of metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer.
(b)(1) No later than the expiration of the 15-day period, a law enforcement officer after receiving additional substantive evidence may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this section.
(2) Upon receipt of the extended hold notice, the secondary metals recycler may not process or remove the items of metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer.
(c) At the expiration of the hold period or, if extended in accordance with this section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the metal property unless other disposition has been ordered by a court of competent jurisdiction.
(d) Any person who intentionally violates the requirements of subsection (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(Act 2007-451, p. 930, §4; Act 2012-426, p. 1149, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-34 - Contesting Identification or Ownership of Metal Property.

Section 13A-8-34
Contesting identification or ownership of metal property.
(a) If the secondary metals recycler contests the identification or ownership of the metal property, the party other than the secondary metals recycler claiming ownership of any metal property in the possession of the secondary metals recycler may, provided that a timely report of the theft of the metal property was made to the proper authorities, bring an action in the circuit court of the county in which the secondary metals recycler is located. The petition for the action shall include a description of the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the secondary metals recycler. If the person who sold the metal property to the secondary metals recycler is convicted of theft of property or criminal mischief related to the removal of the metal property, the court shall order the defendant to make full restitution to the victim including, without limitation, attorney fees, court costs, and property damage which resulted from the theft of property, and other expenses.
(b) When a lawful owner recovers stolen metal property from a secondary metals recycler who has complied with this article, and the person who sold the metal property to the secondary metals recycler is convicted of a violation of this article, or theft by receiving stolen property, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the secondary metals recycler.
(Act 2007-451, p. 930, §5; Act 2012-426, p. 1149, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-35 - Exceptions.

Section 13A-8-35
Exceptions.
This article shall not apply to purchases of metal property from any of the following:
(1) A law enforcement officer acting in an official capacity unless the law enforcement officer is investigating a compliance issue pursuant to this article or is presenting metal property for sale.
(2) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler.
(3) Any public official acting under a court order who has presented proof of such status to the secondary metals recycler.
(4) A sale or the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler.
(5) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
(6) A municipal, county, state, federal, or other governmental entity.
(7) A utility company.
(8) A funeral home or the owner or operator of a cemetery.
(Act 2007-451, p. 930, §6; Act 2012-426, p. 1149, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-35.1 - Liability for Injuries.

Section 13A-8-35.1
Liability for injuries.
(a) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property in any amount by the person or a third party.
(b) A public or private owner of metal property is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of the owner's metal property in any amount when the owner of the metal property did not know and could not have reasonably known of the dangerous condition.
(c) This section does not create or impose a duty of care upon an owner of metal property that would not otherwise exist under common law.
(Act 2012-426, p. 1149, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-37.1 - Ownership Documentation Required for Purchase of Certain Property.

Section 13A-8-37.1
Ownership documentation required for purchase of certain property.
THIS SECTION WAS AMENDED BY ACT 2022-114 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) It is unlawful for a secondary metals recycler to purchase the following property unless a copy of verifiable documentation in addition to the signed statement required by subdivision (a)(6) of Section 13A-8-31 is provided to the secondary metals recycler that the seller is the owner of the property:
(1) Catalytic converters that are not part of an entire motor vehicle.
(2) Metal property of a telephone company, an electric company, a cable company, a water company, another utility, or a railroad marked or otherwise identified as such.
(3) Copper wire that has been burned to remove the insulation, unless verifiable documentation is provided that the source of the copper wire was in a building destroyed by fire.
(4) A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils, unless any one of the following criteria are satisfied:
a. The condenser coils are being sold by a licensed contractor, HVAC contractor, plumber, or electrician and a current and valid license with number is provided at the time of sale and copied or scanned by the secondary metals recycler at the time of sale.
b. The condenser coils are being sold by a person with verifiable documentation, such as a receipt or work order, indicating that the condenser coils are the result of a replacement of an air conditioner unit or condenser coils performed by a licensed contractor.
(5) Utility access covers, manhole covers, or storm drain covers, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(6) Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized or any other metal historic markers or monuments or the attached support or post to either, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(7) Any metal property that has been brightly painted or marked to deter theft of the property.
(8) Ventilation fans or similar fans designed to supply fresh air to workers in confined spaces, such as underground mines or other similar circumstances.
(b) Any person in violation of this section shall be guilty of a Class B felony.
(Act 2012-426, p. 1149, §2; Act 2022-114, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-37.2 - Lawful Possession of Metal Property.

Section 13A-8-37.2
Lawful possession of metal property.
Compliance by a secondary metals recycler with Sections 13A-8-31, 13A-8-31.1, 13A-8-31.2, and 13A-8-37.1, with regard to a purchase of metal property shall be recognized by law enforcement agencies and the Alabama state courts as evidence that the possession of the metal property is lawful.
(Act 2012-426, p. 1149, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-38 - Construction.

Section 13A-8-38
Construction.
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Act 2007-451, p. 930, §9.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 1A - Secondary Metal Recycling. › Section 13A-8-39 - Application.

Section 13A-8-39
Application.
This article shall apply to all businesses regulated under this article without regard to the location within the State of Alabama and shall take precedence over any and all local ordinances governing purchase transactions of metal property by a secondary metals recycler.
(Act 2007-451, p. 930, §10; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2 - Robbery. › Section 13A-8-40 - Definitions.

Section 13A-8-40
Definitions.
(a) The definitions contained in Section 13A-8-1 are applicable to this article unless the context otherwise requires.
(b) "In the course of committing a theft" embraces acts which occur in an attempt to commit or the commission of theft, or in immediate flight after the attempt or commission.
(Acts 1977, No. 607, p. 812, §3301.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2 - Robbery. › Section 13A-8-41 - Robbery in the First Degree.

Section 13A-8-41
Robbery in the first degree.
(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he:
(1) Is armed with a deadly weapon or dangerous instrument; or
(2) Causes serious physical injury to another.
(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed.
(c) Robbery in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §3305.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2 - Robbery. › Section 13A-8-42 - Robbery in the Second Degree.

Section 13A-8-42
Robbery in the second degree.
(a) A person commits the crime of robbery in the second degree if he violates Section 13A-8-43 and he is aided by another person actually present.
(b) Robbery in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3306.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2 - Robbery. › Section 13A-8-43 - Robbery in the Third Degree.

Section 13A-8-43
Robbery in the third degree.
(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he:
(1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or
(2) Threatens the imminent use of force against the person of the owner or any person present with intent to compel acquiescence to the taking of or escaping with the property.
(b) Robbery in the third degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3307.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2 - Robbery. › Section 13A-8-44 - Claim of Right Not Defense in Robbery Prosecution.

Section 13A-8-44
Claim of right not defense in robbery prosecution.
No person may submit in defense against a prosecution for robbery in any of its degrees that there was no theft because the taking was under a claim of right. Claim of right is not a defense under this article.
(Acts 1977, No. 607, p. 812, §3310.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2A - Pharmacy Robbery. › Section 13A-8-50 - Short Title.

Section 13A-8-50
Short title.
This article shall be known and cited as "The Pharmacy Robbery Act of 1982."
(Acts 1982, No. 82-434, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2A - Pharmacy Robbery. › Section 13A-8-51 - Definitions.

Section 13A-8-51
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PHARMACY. Any building, warehouse, physician's office, hospital, pharmaceutical house or other structure used in whole or in part for the sale, storage and/or dispensing of any controlled substance as defined in Section 20-2-2 as amended.
(2) PHARMACY ROBBERY. A person commits the offense of "pharmacy robbery" under this article if in the course of committing a theft of any controlled substance as defined in Section 20-2-2 such person violates Section 13A-8-41.
(Acts 1982, No. 82-434, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 8 - Offenses Involving Theft. › Article 2A - Pharmacy Robbery. › Section 13A-8-52 - Penalty for Violation of Article.

Section 13A-8-52
Penalty for violation of article.
(a) Upon conviction of the criminal offense of "pharmacy robbery" as defined in Section 13A-8-51(2), the offender shall be imprisoned at hard labor for not less than 10 years nor more than 99 years and shall be ineligible for consideration for parole, probation or suspension of sentence.
(b) On a second or subsequent conviction under this article, the offender shall be imprisoned for the remainder of his natural life and shall be ineligible for consideration for parole, probation or suspension of sentence.
(Acts 1982, No. 82-434, §3.)