reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-12 - Fines for Misdemeanors and Violations.

Section 13A-5-12
Fines for misdemeanors and violations.
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000;
(2) For a Class B misdemeanor, not more than $3,000;
(3) For a Class C misdemeanor, not more than $500; or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(c) As used in this section, "gain" means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. "Value" shall be determined by the standards established in subdivision (14) of Section 13A-8-1.
(d) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from the crime according to procedures established by rule of court.
(Acts 1977, No. 607, p. 812, §1245; Acts 1979, No. 79-471, p. 862, §1; Act 2006-197, p. 284, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-12.1 - Fines for Certain Additional Misdemeanors.

Section 13A-5-12.1
Fines for certain additional misdemeanors.
Repealed by Act 2011-680, p. 2004, §2, effective June 14, 2011.
(Act 2003-355, p. 962, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-39 - Definitions.

Section 13A-5-39
Definitions.
As used in this article, these terms shall be defined as follows:
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article.
(2) DURING. The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2) and (3).
(4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).
(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).
(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL ACTIVITY. As used in Sections 13A-5-49(2) and 13A-5-51(1), these terms refer to events occurring before the date of the sentence hearing.
(7) UNDER SENTENCE OF IMPRISONMENT. As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence.
(Acts 1981, No. 81-178, p. 203, §1; Act 2016-360, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-41 - Lesser Included Offenses.

Section 13A-5-41
Lesser included offenses.
Subject to the provisions of Section 13A-1-9(b), the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a) not guilty of the capital offense but guilty of a lesser included offense or offenses. Lesser included offenses shall be defined as provided in Section 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in Section 13A-6-2(a), and the accompanying other felony, if any, in the provision of Section 13A-5-40(a) upon which the indictment is based.
(Acts 1981, No. 81-178, p. 203, §3; Acts 1982, No. 82-567, p. 945, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-42 - Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.

Section 13A-5-42
Guilty plea; burden of proof upon state; waiver; sentencing.
A defendant who is indicted for a capital offense may plead guilty to it, but the state, only in cases where the death penalty is to be imposed, must prove the defendant's guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).
(Acts 1981, No. 81-178, p. 203, §4; Act 2013-354, p. 1267, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-43 - Trial of Capital Offenses; Discharge of Defendant; Lesser Included Offenses; Sentencing.

Section 13A-5-43
Trial of capital offenses; discharge of defendant; lesser included offenses; sentencing.
(a) In the trial of a capital offense the jury shall first hear all the admissible evidence offered on the charge or charges against the defendant. It shall then determine whether the defendant is guilty of the capital offense or offenses with which he is charged or of any lesser included offense or offenses considered pursuant to Section 13A-5-41.
(b) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41, the defendant shall be discharged.
(c) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and is found guilty of a lesser included offense or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed as provided by law.
(d) If the defendant is found guilty of a capital offense or offenses with which he is charged and the defendant does not establish to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses with which he or she is found guilty, the sentence shall be determined as provided in Sections 13A-5-45 through 13A-5-53.
(e) If the defendant is found guilty of a capital offense or offenses with which he or she is charged and the defendant establishes to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses, the sentence shall be either life without the possibility of parole or, in the alternative, life, and the sentence shall be determined by the procedures set forth in the Alabama Rules of Criminal Procedure for judicially imposing sentences within the range set by statute without a jury, rather than as provided in Sections 13A-5-45 to 13A-5-53, inclusive. The judge shall consider all relevant mitigating circumstances.
If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.
(Acts 1981, No. 81-178, p. 203, §5; Act 2016-360, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-43.1 - Life Imprisonment for Certain Crimes by Persons Under 18 Years of Age.

Section 13A-5-43.1
Life imprisonment for certain crimes by persons under 18 years of age.
Notwithstanding any other provision of law, if a defendant is found guilty of any non-homicide crime for which the only sentence provided by law is life imprisonment without the possibility of parole and that defendant proves by a preponderance of the evidence that he or she was under the age of 18 years at the time of the offense, the sentence shall be life imprisonment.
(Act 2016-360, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-43.2 - Applicability of Certain Provisions to Persons Under 18 Years of Age.

Section 13A-5-43.2
Applicability of certain provisions to persons under 18 years of age.
Act 2016-360 shall apply to any person under the age of 18 years at the time an offense was committed who was sentenced to life without the possibility of parole under Section 13A-5-2, 13A-5-39, 13A-5-43, or 13A-6-2, whether the person is currently incarcerated or hereinafter convicted.
(Act 2016-360, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-44 - Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing.

Section 13A-5-44
Jury selection and separation; waiver by defendant of jury participation in sentence hearing.
(a) The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen according to procedures specified by law or court rule.
(b) The separation of the jury during the pendency of the trial of a capital case shall be governed by applicable law or court rule.
(c) Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided, however, before any such waiver is valid, it must affirmatively appear in the record that the defendant himself has freely waived his right to the participation of a jury in the sentence proceeding, after having been expressly informed of such right.
(Acts 1981, No. 81-178, p. 203, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-47 - Determination of Sentence by Court; Presentation of Arguments on Aggravating and Mitigating Circumstances; Court to Enter Written Findings.

Section 13A-5-47
Determination of sentence by court; presentation of arguments on aggravating and mitigating circumstances; court to enter written findings.
(a) After the sentence hearing has been conducted, and after the jury has returned a verdict, or after such a verdict has been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall impose sentence. Where the jury has returned a verdict of death, the court shall sentence the defendant to death. Where a sentence of death is not returned by the jury, the court shall sentence the defendant to life imprisonment without parole. This code section shall not affect a trial court's power to sentence in accordance with a guilty plea.
(b) Where the sentencing jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall permit the parties to present arguments concerning the existence of aggravating and mitigating circumstances and the proper sentence to be imposed in the case. The order of the arguments shall be the same as at the trial of a case. The trial court, based upon evidence presented at trial and the evidence presented during the sentence hearing and any evidence submitted in connection with it, shall enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in Section 13A-5-49, each mitigating circumstance enumerated in Section 13A-5-51, and any additional mitigating circumstances offered pursuant to Section 13A-5-52. The trial court shall also enter written findings of facts summarizing the crime and the defendant's participation in it. In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist.
(Acts 1981, No. 81-178, p. 203, §9; Act 2017-131, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-47.1 - Application of Provisions Prohibiting Court From Overriding Jury Verdict in Capital Cases.

Section 13A-5-47.1
Application of provisions prohibiting court from overriding jury verdict in capital cases.
Sections 13A-5-45, 13A-5-46, and 13A-5-47 shall apply to any defendant who is charged with capital murder after April 11, 2017, and shall not apply retroactively to any defendant who has previously been convicted of capital murder and sentenced to death prior to April 11, 2017.
(Act 2017-131, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-48 - Process of Weighing Aggravating and Mitigating Circumstances Defined.

Section 13A-5-48
Process of weighing aggravating and mitigating circumstances defined.
The process described in Sections 13A-5-46(e)(2), 13A-5- 46(e)(3) and Section 13A-5-47(e) of weighing the aggravating and mitigating circumstances to determine the sentence shall not be defined to mean a mere tallying of aggravating and mitigating circumstances for the purpose of numerical comparison. Instead, it shall be defined to mean a process by which circumstances relevant to sentence are marshalled and considered in an organized fashion for the purpose of determining whether the proper sentence in view of all the relevant circumstances in an individual case is life imprisonment without parole or death.
(Acts 1981, No. 81-178, p. 203, §10.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-49 - Aggravating Circumstances.

Section 13A-5-49
Aggravating circumstances.
Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment.
(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person.
(3) The defendant knowingly created a great risk of death to many persons.
(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary, or kidnapping.
(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(6) The capital offense was committed for pecuniary gain.
(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses.
(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct.
(10) The capital offense was one of a series of intentional killings committed by the defendant.
(11) The capital offense was committed when the victim was less than 14 years of age.
(12) The capital offense was committed by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For the purposes of this subdivision, "in the presence of a child" means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.
(13) The victim of the capital offense was any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard was on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.
(14) The victim of the capital offense was a first responder who was operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health, as well as firefighters and volunteer firefighters as defined by Section 36-32-1.
(Acts 1981, No. 81-178, p. 203, §11; Acts 1982, No. 82-567, p. 945, §1; Act 99-403, p. 683, §1; Act 2018-537, §2; Act 2019-514, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-50 - Consideration of Aggravating Circumstances in Sentence Determination.

Section 13A-5-50
Consideration of aggravating circumstances in sentence determination.
The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed to preclude the finding and consideration of that relevant circumstance or circumstances in determining sentence. By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of subsection (a) of Section 13A-5-40.
(Acts 1981, No. 81-178, p. 203, §12; Acts 1982, No. 82-567, p. 945, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-51 - Mitigating Circumstances - Generally.

Section 13A-5-51
Mitigating circumstances - Generally.
Mitigating circumstances shall include, but not be limited to. the following:
(1) The defendant has no significant history of prior criminal activity;
(2) The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance;
(3) The victim was a participant in the defendant's conduct or consented to it;
(4) The defendant was an accomplice in the capital offense committed by another person and his participation was relatively minor;
(5) The defendant acted under extreme duress or under the substantial domination of another person;
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; and
(7) The age of the defendant at the time of the crime.
(Acts 1981, No. 81-178, §13.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-52 - Mitigating Circumstances - Inclusion of Defendant's Character, Record, Etc.

Section 13A-5-52
Mitigating circumstances - Inclusion of defendant's character, record, etc.
In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death.
(Acts 1981, No. 81-178, §14.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-54 - Appointment of Experienced Counsel for Indigent Defendants.

Section 13A-5-54
Appointment of experienced counsel for indigent defendants.
Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided with court appointed counsel having no less than five years' prior experience in the active practice of criminal law.
(Acts 1981, No. 81-178, §16.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-55 - Conviction and Sentence of Death Subject to Automatic Review.

Section 13A-5-55
Conviction and sentence of death subject to automatic review.
In all cases in which a defendant is sentenced to death, the judgment of conviction shall be subject to automatic review. The sentence of death shall be subject to review as provided in Section 13A-5-53.
(Acts 1981, No. 81-178, §17.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-56 - Supreme Court to Promulgate Indictment Forms, Verdict Forms and Jury Instructions.

Section 13A-5-56
Supreme Court to promulgate indictment forms, verdict forms and jury instructions.
The Alabama Supreme Court shall promulgate pattern indictment forms for use in cases in which indictments charging offenses defined in Section 13A-5-40(a) are thereafter returned. The Alabama Supreme Court shall also promulgate pattern verdict forms and pattern jury instructions for the trial and sentencing aspects of cases tried thereafter under this article, insofar as such verdicts and instructions relate to the particularities of cases tried under this article.
(Acts 1981, No. 81-178, §18.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-57 - Application of Article to Conduct After Effective Date.

Section 13A-5-57
Application of article to conduct after effective date.
(a) This article applies only to conduct occurring after 12:01 A.M. on July 1, 1981. Conduct occurring before 12:01 A.M. on July 1, 1981 shall be governed by pre-existing law.
(b) Sections 13A-5-30 through 13A-5-38 are hereby repealed. All other laws or parts of laws in conflict with this article are hereby repealed. This repealer shall not affect the application of pre-existing law to conduct occurring before 12:01 A.M. on July 1, 1981.
(Acts 1981, No. 81-178, p. 203, §§19, 20.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-58 - Interpretation of Article.

Section 13A-5-58
Interpretation of article.
This article shall be interpreted, and if necessary reinterpreted, to be constitutional.
(Acts 1981, No. 81-178, §21.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 2 - Death Penalty and Life Imprisonment Without Parole. › Section 13A-5-59 - Application of Article Upon Finding of Unconstitutionality.

Section 13A-5-59
Application of article upon finding of unconstitutionality.
It is the intent of the Legislature that if the death penalty provisions of this article are declared unconstitutional and if the offensive provision or provisions cannot be reinterpreted so as to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that the defendants who have been sentenced to death under this article shall be re-sentenced to life imprisonment without parole. It is also the intent of the Legislature that in the event that the death penalty provisions of this article are declared unconstitutional and if they cannot be reinterpreted to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that defendants convicted thereafter for committing crimes specified in Section 13A-5-40(a) shall be sentenced to life imprisonment without parole.
(Acts 1981, No. 81-178, §23.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 1 - Homicide. › Section 13A-6-1 - Definitions.

Section 13A-6-1
Definitions.
(a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section:
(1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide.
(2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.
(3) PERSON. The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability.
(b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider.
Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this section.
Medical care or treatment includes, but is not limited to, ordering, dispensation or administration of prescribed medications and medical procedures.
(c) A victim of domestic violence or sexual assault may not be charged under Article 1 or Article 2 for the injury or death of an unborn child caused by a crime of domestic violence or rape perpetrated upon her.
(d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child.
(e) Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this section shall be construed to make an abortion legal which is not otherwise authorized by law.
(Acts 1977, No. 607, p. 812, §2001; Act 2006-419, p. 1042, §§1, 2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 1 - Homicide. › Section 13A-6-2 - Murder.

Section 13A-6-2
Murder.
(a) A person commits the crime of murder if he or she does any of the following:
(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.
(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, 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.
(Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1; Act 2016-29, §2; Act 2016-360, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 1 - Homicide. › Section 13A-6-3 - Manslaughter.

Section 13A-6-3
Manslaughter.
(a) A person commits the crime of manslaughter if:
(1) He recklessly causes the death of another person, or
(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.
(b) Manslaughter is a Class B felony.
(Acts 1977, No. 607, p. 812, §2010; Acts 1987, No. 87-713, p. 1260.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 1 - Homicide. › Section 13A-6-4 - Criminally Negligent Homicide.

Section 13A-6-4
Criminally negligent homicide.
(a) A person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence.
(b) The jury may consider statutes and ordinances regulating the actor's conduct in determining whether the actor is culpably negligent under subsection (a).
(c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which the criminally negligent homicide is caused by the driver or operator of a vehicle or vessel who is driving or operating the vehicle or vessel in violation of Section 32-5A-191 or 32-5A-191.3; in these cases, criminally negligent homicide is a Class C felony.
(Acts 1977, No. 607, p. 812, §2015; Acts 1979, No. 79-664, p. 1163, §1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, §1; Act 2014-427, p. 1574, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-20 - Assault in the First Degree.

Section 13A-6-20
Assault in the first degree.
(a) A person commits the crime of assault in the first degree if:
(1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or
(2) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of the body of another person, he or she causes such an injury to any person; or
(3) Under circumstances manifesting extreme indifference to the value of human life, he or she recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or
(4) In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, he or she causes a serious physical injury to another person; or
(5) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 or 32-5A-191.3, he or she causes serious physical injury to the person of another with a vehicle or vessel.
(b) Assault in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2101; Acts 1987, No. 87-712, p. 1259; Act 2014-427, p. 1574, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-22 - Assault in the Third Degree.

Section 13A-6-22
Assault in the third degree.
(a) A person commits the crime of assault in the third degree if:
(1) With intent to cause physical injury to another person, he causes physical injury to any person; or
(2) He recklessly causes physical injury to another person; or
(3) With criminal negligence he causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(4) With intent to prevent a peace officer from performing a lawful duty, he causes physical injury to any person.
(b) Assault in the third degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2103.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-23 - Menacing.

Section 13A-6-23
Menacing.
(a) A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.
(b) Menacing is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §2110.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-24 - Reckless Endangerment.

Section 13A-6-24
Reckless endangerment.
(a) A person commits the crime of reckless endangerment if he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
(b) Reckless endangerment is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2115.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-25 - Criminal Coercion.

Section 13A-6-25
Criminal coercion.
(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.
(b) Criminal coercion is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2125.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-26 - Compelling Streetgang Membership.

Section 13A-6-26
Compelling streetgang membership.
(a) For purposes of this section, the term "streetgang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, of three or more persons that, through its membership or through the agency of any member, engages in a course or pattern of criminal activity.
(b) A person who expressly or by implication threatens to do bodily harm or does bodily harm to a person, a family member or a friend of the person, or any other person, or uses any other unlawful criminal means to solicit or cause any person to join or remain in a streetgang is guilty of the crime of compelling streetgang membership.
(c) The crime of compelling streetgang membership is a Class C felony.
(d) Notwithstanding subsection (c), the crime of compelling streetgang membership is a Class A felony if the defendant is over the age of 18 years and the other person is under the age of 18 years.
(e) This section shall not be construed to repeal other criminal laws. Whenever conduct proscribed by this section is also proscribed by any other provision of law, the provision which carries the more serious penalty shall apply.
(Act 98-490, p. 942, §§1, 2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-27 - Use of Pepper Spray, Etc.

Section 13A-6-27
Use of pepper spray, etc.
(a) The crime of criminal use of a defense spray is committed if the perpetrator uses a defense spray including, but not limited to pepper spray, foam and any other self-defense chemical spray against another person in the commission of a crime or against a law enforcement officer while the law enforcement officer is performing his or her official duties.
(b) Criminal use of a defense spray is a Class C felony.
(Act 98-488, p. 932, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-28 - Cross or American Flag Burning.

Section 13A-6-28
Cross or American flag burning.
(a) A person commits the crime of cross or the American flag burning if he or she, with the intent to intimidate any person or group of persons, burns, or causes to be burned, a cross or the American flag on the property of another, a highway, or other public place.
(b) As used in this section, "intent to intimidate" means the intent to place a person or a group of persons in fear of bodily harm.
(c) The crime of cross or the American flag burning is a Class C felony.
(Act 2003-338, p. 845, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 2 - Assaults. › Section 13A-6-29 - Administration of Medication by Owner, Operator, or Employee of Child Care Facility.

Section 13A-6-29
Administration of medication by owner, operator, or employee of child care facility.
(a) As used in this section, the following terms shall have the following meanings:
(1) MEDICALLY PRESCRIBED. In accordance with a physician's prescription or in accordance with age-appropriate directions for the over-the-counter medication.
(2) NEAR FATALITY. An act that, as certified by a physician, places the child in serious or critical condition.
(b) There is established the crime of administration of medication by the owner, operator, or employee of a child care facility with the intent to drug the child or alter the child's behavior beyond what is medically prescribed or with the reckless disregard for the health, safety, and welfare of the child.
(c) A violation of subsection (b) is punishable as follows:
(1) A violation which does not cause or contributes to the death, near fatality, dismemberment, or permanent disability of a child is a Class C felony.
(2) A violation which causes a near fatality, dismemberment, or permanent disability of a child is a Class B felony.
(3) A violation which causes the death of a child is a Class A felony.
(Act 2004-538, p. 1136, §1; Act 2018-278, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 3 - Kidnapping, Unlawful Imprisonment and Related Offenses. › Section 13A-6-40 - Definitions.

Section 13A-6-40
Definitions.
The following definitions apply in this article:
(1) RESTRAIN. To intentionally or knowingly restrict a person's movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved. Restraint is "without consent" if it is accomplished by:
a. Physical force, intimidation or deception, or
b. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.
(2) ABDUCT. To restrain a person with intent to prevent his liberation by either:
a. Secreting or holding him in a place where he is not likely to be found, or
b. Using or threatening to use deadly physical force.
(3) RELATIVE. A parent or stepparent, ancestor, sibling, uncle or aunt or other lawful custodian, including an adoptive relative of the same degree through marriage or adoption.
(Acts 1977, No. 607, p. 812, §2201.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 3 - Kidnapping, Unlawful Imprisonment and Related Offenses. › Section 13A-6-41 - Unlawful Imprisonment in the First Degree.

Section 13A-6-41
Unlawful imprisonment in the first degree.
(a) A person commits the crime of unlawful imprisonment in the first degree if he restrains another person under circumstances which expose the latter to a risk of serious physical injury.
(b) Unlawful imprisonment in the first degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2205.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 3 - Kidnapping, Unlawful Imprisonment and Related Offenses. › Section 13A-6-42 - Unlawful Imprisonment in the Second Degree.

Section 13A-6-42
Unlawful imprisonment in the second degree.
(a) A person commits the crime of unlawful imprisonment in the second degree if he restrains another person.
(b) A person does not commit a crime under this section if:
(1) The person restrained is a child less than 18 years old, and
(2) The actor is a relative of the child, and
(3) The actor's sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) Unlawful imprisonment in the second degree is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §2206.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 3 - Kidnapping, Unlawful Imprisonment and Related Offenses. › Section 13A-6-43 - Kidnapping in the First Degree.

Section 13A-6-43
Kidnapping in the first degree.
(a) A person commits the crime of kidnapping in the first degree if he abducts another person with intent to
(1) Hold him for ransom or reward; or
(2) Use him as a shield or hostage; or
(3) Accomplish or aid the commission of any felony or flight therefrom; or
(4) Inflict physical injury upon him, or to violate or abuse him sexually; or
(5) Terrorize him or a third person; or
(6) Interfere with the performance of any governmental or political function.
(b) A person does not commit the crime of kidnapping in the first degree if he voluntarily releases the victim alive, and not suffering from serious physical injury, in a safe place prior to apprehension. The burden of injecting the issue of voluntary safe release is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for or preclude a conviction of kidnapping in the second degree or any other crime.
(c) Kidnapping in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2210.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 3 - Kidnapping, Unlawful Imprisonment and Related Offenses. › Section 13A-6-44 - Kidnapping in the Second Degree.

Section 13A-6-44
Kidnapping in the second degree.
(a) A person commits the crime of kidnapping in the second degree if he abducts another person.
(b) A person does not commit a crime under this section if:
(1) The abduction is not coupled with intent to use or to threaten to use deadly force,
(2) The actor is a relative of the person abducted, and
(3) The actor's sole purpose is to assume lawful control of that person.
The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Kidnapping in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2211.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 3 - Kidnapping, Unlawful Imprisonment and Related Offenses. › Section 13A-6-45 - Interference With Custody.

Section 13A-6-45
Interference with custody.
(a) A person commits the crime of interference with custody if he knowingly takes or entices:
(1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or
(2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. "Committed person" means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another's custody by authority of law.
(b) A person does not commit a crime under this section if the actor's sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) Interference with custody is a Class C felony.
(Acts 1977, No. 607, p. 812, §2215; Acts 1983, No. 83-571, p. 877.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 4 - Sexual Offenses. › Section 13A-6-60 - Definitions.

Section 13A-6-60
Definitions.
The following definitions apply in this article:
(1) FORCIBLE COMPULSION. Use or threatened use, whether express or implied, of physical force, violence, confinement, restraint, physical injury, or death to the threatened person or to another person. Factors to be considered in determining an implied threat include, but are not limited to, the respective ages and sizes of the victim and the accused; the respective mental and physical conditions of the victim and the accused; the atmosphere and physical setting in which the incident was alleged to have taken place; the extent to which the accused may have been in a position of authority, domination, or custodial control over the victim; or whether the victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following:
a. A person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct.
b. A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.
c. A person who is unable to give consent or who is unable to communicate an unwillingness to an act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.
(3) SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party. The term does not require skin to skin contact.
(4) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
(5) SODOMY. Any sexual act involving the genitals of one person and the mouth or anus of another person.
(Acts 1977, No. 607, p. 812, §2301; Acts 1988, No. 88-339, p. 515; Act 2019-465, §1.)