reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees. › Section 13A-6-138 - Domestic Violence by Strangulation or Suffocation.

Section 13A-6-138
Domestic violence by strangulation or suffocation.
(a) For the purposes of this section, the following terms have the following meanings:
(1) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.
(2) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation.
(b) A person commits the crime of domestic violence by strangulation or suffocation if he or she commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.
(Act 2011-581, p. 1273, §3; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees. › Section 13A-6-139 - Costs of Prosecution or Warrant Recall of Domestic Violence, Stalking, or Sexual Assault Offenses.

Section 13A-6-139
Costs of prosecution or warrant recall of domestic violence, stalking, or sexual assault offenses.
Notwithstanding any other provision of law, no court costs shall be assessed against any victim of domestic violence, stalking, or sexual assault in connection with the prosecution or warrant recall of a domestic violence, stalking, or sexual assault offense.
(Act 2011-581, p. 1273, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees. › Section 13A-6-139.1 - Definitions.

Section 13A-6-139.1
Definitions.
Repealed by Act 2019-252, §2, effective May 23, 2019.
(Act 2015-493, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees. › Section 13A-6-139.2 - Recordkeeping.

Section 13A-6-139.2
Recordkeeping.
Each agency in the state that is involved with the enforcement, monitoring, or prosecution of crimes of domestic violence shall collect and maintain records of each domestic violence incident for access by investigators preparing for bond hearings and prosecutions for acts of domestic violence.
(Act 2015-493, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7A - Domestic Violence Protection Order Enforcement Act. › Section 13A-6-140 - Short Title; Purpose.

Section 13A-6-140
Short title; purpose.
(a) This article shall be known as the Domestic Violence Protection Order Enforcement Act.
(b) The purpose of this article is to define the crime of violation of a domestic violence protection order.
(Acts 1993, No. 93-325, p. 495, §1; §30-5A-1; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7A - Domestic Violence Protection Order Enforcement Act. › Section 13A-6-141 - Definitions.

Section 13A-6-141
Definitions.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) DOMESTIC VIOLENCE PROTECTION ORDER. A domestic violence protection order is any protection from abuse order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive. The term includes the following:
a. A restraining order, injunctive order, or order of release from custody which has been issued in a circuit, district, municipal, or juvenile court in a domestic relations or family violence case;
b. An order issued by municipal, district, or circuit court which places conditions on the pre-trial release on defendants in criminal cases, including provisions of bail pursuant to Section 15-13-190;
c. An order issued by another state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining or protection orders not issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.
(2) VIOLATION. The knowing commission of any act prohibited by a domestic violence protection order or any willful failure to abide by its terms.
(Acts 1993, No. 93-325, p. 495, §2; §30-5A-2; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7A - Domestic Violence Protection Order Enforcement Act. › Section 13A-6-142 - Violation of a Domestic Violation Protection Order; Penalties.

Section 13A-6-142
Violation of a domestic violation protection order; penalties.
(a) A person commits the crime of violation of a domestic violence protection order if the person knowingly commits any act prohibited by a domestic violence protection order or willfully fails to abide by any term of a domestic violence protection order.
(b) A violation of a domestic violence protection order is a Class A misdemeanor which shall be punishable as provided by law. A second conviction for violation of a domestic violence protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may not be suspended. A third or subsequent conviction is a Class C felony.
(c) In addition to any other fine or penalty provided by law, the court shall order the defendant to pay an additional fine of fifty dollars ($50) for a violation of a domestic violence protection order to be distributed to the Domestic Violence Trust Fund, established by Section 30-6-11.
(Acts 1993, No. 93-325, p. 495, §3; Act 1996, No. 96-527, p. 684, §1; §30-5A-3; Act 2011-691, p. 2113, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 7A - Domestic Violence Protection Order Enforcement Act. › Section 13A-6-143 - Arrest for Violation of Article.

Section 13A-6-143
Arrest for violation of article.
A law enforcement officer may arrest any person for the violation of this article if the officer has probable cause to believe that the person has violated any provision of a valid domestic violence protection order, whether temporary or permanent. The presentation of a domestic violence protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this article, the domestic violence protection order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the domestic violence protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence protection order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid domestic violence protection order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, a domestic violence protection order shall constitute prima facie evidence of the validity of the order.
If a law enforcement officer of this state determines that an otherwise valid domestic violence protection order cannot be enforced because the defendant has not been notified or served with the domestic violence protection order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order's provisions before enforcing the order. In the event the law enforcement officer provides notice of the domestic violence protection order to the defendant, the officer shall document this fact in the written report.
(Acts 1993, No. 93-325, p. 495, §4, §30-5A-4; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-150 - Short Title.

Section 13A-6-150
Short title.
This article shall be known and may be cited as the Representatives Jack Williams and Merika Coleman Act.
(Act 2010-705, p. 1708, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-152 - Human Trafficking in the First Degree.

Section 13A-6-152
Human trafficking in the first degree.
(a) A person commits the crime of human trafficking in the first degree if:
(1) He or she knowingly subjects another person to labor servitude or sexual servitude.
(2) He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude.
(3) He or she knowingly gives monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor.
(b) For purposes of this section, it is not required that the defendant have knowledge of a minor victim's age, nor is reasonable mistake of age a defense to liability under this section.
(c) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.
(d) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class A felony.
(e) Human trafficking in the first degree is a Class A felony.
(Act 2010-705, p. 1708, §3; Act 2018-385, §1; Act 2018-506, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-153 - Human Trafficking in the Second Degree.

Section 13A-6-153
Human trafficking in the second degree.
(a) A person commits the crime of human trafficking in the second degree if:
(1) A person knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude.
(2) A person knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude.
(3) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.
(4) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class B felony.
(b) Human trafficking in the second degree is a Class B felony.
(Act 2010-705, p. 1708, §4; Act 2018-385, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-154 - Evidence of Certain Facts or Conditions Not Deemed a Defense.

Section 13A-6-154
Evidence of certain facts or conditions not deemed a defense.
Evidence of the following facts or conditions shall not constitute a defense in a prosecution for human trafficking in the first or second degree, nor shall the evidence preclude a finding of a violation:
(1) A human trafficking victim's sexual history or history of commercial sexual activity.
(2) A human trafficking victim's connection by blood or marriage to a defendant in the case or to anyone involved in the victim's trafficking.
(3) Consent of or permission by a victim of human trafficking or anyone else on the victim's behalf to any commercial sex act or sexually explicit performance.
(4) Age of consent to sex, an act defined by paragraph b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age of marriage, or other discretionary age.
(5) Mistake as to the human trafficking victim's age, even if the mistake is reasonable.
(Act 2010-705, p. 1708, §5.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-155 - Mandatory Restitution.

Section 13A-6-155
Mandatory restitution.
(a) A person or entity convicted of any violation of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial, or law enforcement entity, with the proceeds from property forfeited under Section 13A-6-156 applied first to payment of restitution. Restitution under this section shall include items covered under Article 4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and any of the following:
(1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion.
(2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion.
(3) Cost of the investigation and prosecution, attorney's fees, and other court-related costs such as victim advocate fees.
(4) The greater of a. the value of the human trafficking victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act; or b. the gross income or value to the defendant of the victim's labor servitude or sexual servitude engaged in by the victim while in the human trafficking situation.
(5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair.
(6) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his or her associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(7) Any and all other losses suffered by the victim as a result of any violation of this article.
(b) For purposes of this section, the return of the victim to his or her home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution.
(Act 2010-705, p. 1708, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-156 - Forfeiture of Profits or Proceeds and Interest in Property.

Section 13A-6-156
Forfeiture of profits or proceeds and interest in property.
A person who commits the offense of human trafficking in the first degree or human trafficking in the second degree shall forfeit to the State of Alabama any profits or proceeds and any interest in property that he or she has acquired or maintained that the sentencing court determines to have been acquired or maintained as a result of committing human trafficking in the first degree or human trafficking in the second degree. Any assets seized shall first be used to pay restitution to trafficking victims and subsequently to pay any damages awarded to victims in a civil action. Any remaining assets shall go toward the cost of the investigation and prosecution and the remaining assets shall be remitted to funding the Alabama Crime Victims Compensation Fund.
(Act 2010-705, p. 1708, §7.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-157 - Civil Action by Victims; Venue; Relief Awarded.

Section 13A-6-157
Civil action by victims; venue; relief awarded.
(a) An individual who is a victim of human trafficking may bring a civil action in the appropriate state court.
(b) Venue for any action brought under this section shall be in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.
(c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded on proof of actual damages where defendant's acts were willful and malicious.
(d) The court shall award a prevailing plaintiff attorney's fees and costs.
(e) Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the office of the Attorney General and, upon entry of any injunction, judgment, or decree in the action, shall mail a copy of the injunction, judgment, or decree to the office of the Attorney General.
(f) This section does not preclude any other remedy available to the victim under federal law or the laws of this state.
(Act 2010-705, p. 1708, §8; Act 2018-506, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-157.1 - Action by Attorney General; Venue.

Section 13A-6-157.1
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) In addition to any other remedy under this article, if the Attorney General has reason to believe that any person, corporation, or any other legal entity is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this article, the Attorney General may bring an action in the name of the state in the appropriate state court against the person, corporation, or entity to restrain by temporary restraining order, or temporary or permanent injunction, the acts or practices.
(b) In addition to any other remedy under this article, the Attorney General may bring a civil action on behalf of the state in the appropriate state court to recover actual damages for victims of acts or practices performed in violation of this article.
(c) Venue for any action brought under this section is in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.
(Act 2018-506, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-158 - Limitation Period.

Section 13A-6-158
Limitation period.
(a)(1) Except as provided in subsection (c), an action for an offense defined by this article where the victim is not a minor shall be brought within five years from the date the victim was removed or escaped from the human trafficking situation.
(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until such time as the victim has reached the age of 19 years.
(3) The running of the statute of limitations shall be suspended where a person entitled to bring a claim of an offense defined by this article could not have reasonably discovered the crime due to circumstances resulting from the human trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.
(b) Any statute of limitation period imposed for the filing of a civil action under this article will not begin to run until the plaintiff discovers both that the sex trade act occurred and that the defendant caused, was responsible for, or profited from the sex trade act.
(1) If the plaintiff is a minor, then the limitation period will not commence running until he or she has reached the age of majority.
(2) If the plaintiff is under a disability at the time the cause of action accrues, so that it is impossible or impractical for him or her to bring an action, then the time of the disability is not part of the time limited for the commencement of the action. Disability includes, but is not limited to, insanity, imprisonment, or other incapacity or incompetence.
(3) If the plaintiff's injury is caused by two or more acts that are part of a continuing series of sex trade acts by the same defendant, then the limitation period will not commence running until the last sex trade act in the continuing series occurs.
(4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, then the time when these acts occur will not be part of the time limited for the commencement of this action.
(c) There shall be no limitation period for civil actions brought under this article by the Attorney General.
(Act 2010-705, p. 1708, §9; Act 2018-506, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-159 - Affirmative Defense.

Section 13A-6-159
Affirmative defense.
In a prosecution for prostitution, or a sexually explicit performance defined in this article, of a human trafficking victim for the victim's illegal acts engaged in or performed as a result of labor servitude or sexual servitude, it shall be an affirmative defense that the person was a victim of human trafficking.
(Act 2010-705, p. 1708, §10.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-160 - Concurrent Prosecuting Authority; Separate Offenses.

Section 13A-6-160
Concurrent prosecuting authority; separate offenses.
(a) District attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under this article and to perform any duty that necessarily appertains to this section.
(b) Each violation under this article shall constitute a separate offense.
(Act 2010-705, p. 1708, §11.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-161 - Subpoena Power of Attorney General; Discovery.

Section 13A-6-161
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Before the Attorney General commences any action under this article, the Attorney General may issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this article. The subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena, the Attorney General may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure.
(Act 2018-506, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-162 - Violations; Penalties.

Section 13A-6-162
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Any person, corporation, or other legal entity who engages in any act or practice that violates this article is liable for a civil penalty of up to fifty thousand dollars ($50,000) for each violation.
(b) Any person, corporation, or other legal entity who violates the terms of an injunction or order issued under this article shall forfeit and pay a civil penalty of not more than seventy-five thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose of this section, any court issuing an injunction or order under this article shall retain jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.
(c) Upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (b), and upon petition by the Attorney General, the circuit court of general jurisdiction of a county may order the dissolution or suspension or forfeiture of the franchise of any corporation, partnership, or sole proprietorship that willfully violates the terms of any injunction issued pursuant to this article.
(d) In any successful action brought by the Attorney General under this section, the court shall award the office of the Attorney General reasonable attorney's fees and costs.
(e) All penalties recovered in actions brought under this section shall be deposited into the State Treasury to the credit of the Attorney General's Special Revenue Account for the purpose of implementing and enforcing this article. Amounts deposited into the Special Revenue Account shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.
(Act 2018-506, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8 - Human Trafficking. › Section 13A-6-163 - Prosecution of Human Trafficking Offenses Against Minors.

Section 13A-6-163
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Any violation of this article or any violation of Section 13A-12-111, 13A-12-112, 13A-12-113, 13A-12-121, or 13A-12-121.1, may only be prosecuted in circuit or district court.
(b) Notwithstanding any provision of law to the contrary, this section supersedes any law or ordinance that provides for the prosecution of the offenses included in subsection (a) in municipal court.
(Act 2018-506, §9.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8B - Alabama Human Trafficking Safe Harbor Act. › Section 13A-6-180 - Short Title.

Section 13A-6-180
Short title.
This article and Sections 12-15-701, 13A-12-123, and 15-5-61 shall be known and may be cited as the Alabama Human Trafficking Safe Harbor Act.
(Act 2016-282, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8B - Alabama Human Trafficking Safe Harbor Act. › Section 13A-6-181 - Fines; Counseling or Educational Training Programs; Pretrial Diversion Program.

Section 13A-6-181
Fines; counseling or educational training programs; pretrial diversion program.
(a)(1) Notwithstanding any other fines, restitution, court costs, or docket fees, upon conviction for the offense of promoting prostitution under Division 1 of Article 3 of Chapter 12, or a violation of subsection (b) or (d) of Section 13A-12-121, a mandatory fine of five hundred dollars ($500) shall be assessed. The court shall order the five hundred dollar ($500) fine to be paid to the clerk of court to be distributed to a court-certified therapeutic counseling entity that provides education, treatment, and prevention counseling to adult persons convicted of prostitution offenses.
(2) Any fine imposed by the court for a second or subsequent conviction under subdivision (1) shall increase by 50 percent for each subsequent conviction through a fourth conviction.
(b) A court may order an adult person convicted of an offense under Division 1 of Article 3 of Chapter 12 or subsection (b) or (d) of Section 13A-12-121 to successfully attend counseling or an educational training program designed to reduce recidivism rates for these violations. Attendance of such programs shall be at the cost and expense of the person convicted of the offense.
(c) An adult person who is charged with an offense under subsection (b) or (d) of Section 13A-12-121 and has no prior arrest or convictions for an offense under Sections 13A-12-111, 13A-12-112, 13A-12-113, and 13A-12-121, or an offense in any other state that has the same or similar elements as those sections, may be accepted into a pretrial diversion program, provided the adult person satisfied the requirements of subsections (a) and (b), as well as any other conditions imposed pursuant to the pretrial diversion program.
(d) Under no circumstance may an adult person be admitted into a pretrial diversion program if he or she has been previously convicted of an offense under Sections 13A-12-111, 13A-12-112, 13A-12-113, and 13A-12-121, or an offense in any other state which has the same or similar elements as those sections.
(e) A person charged with an offense defined under 13A-12-120, in violation of subsection (a) or (c) of Section 13A-12-121, may be accepted in a pretrial diversion program, provided that he or she meets the requirements of a pretrial diversion program within the jurisdiction where the offense occurred.
(Act 2016-282, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8B - Alabama Human Trafficking Safe Harbor Act. › Section 13A-6-182 - Prosecution of Misdemeanor Prostitution Offenses.

Section 13A-6-182
Prosecution of misdemeanor prostitution offenses.
Notwithstanding Section 12-14-1, a misdemeanor offense under Article 3 of Chapter 12 of this title, relating to prostitution offenses, including the attempt of any of the misdemeanor offenses included in Article 13, shall be prosecuted in the district court in the county where the offense occurred.
(Act 2016-282, §5.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8B - Alabama Human Trafficking Safe Harbor Act. › Section 13A-6-183 - Custody of Arrestee; Access to Resources; Photographs.

Section 13A-6-183
Custody of arrestee; access to resources; photographs.
(a) For the safety and well-being of a person arrested for the crime of prostitution under Division 2 of Article 3 of Chapter 12 he or she may be held in custody for up to 72 hours. The person shall be brought before a court of competent jurisdiction as soon as possible within a 48-hour period to conduct an inquiry into the person's access to resources, such as, but not limited to, health care, shelter, mental health counseling, or financial aid. The court may issue an order to assist the person in obtaining the services and resources needed pursuant to the court's inquiry.
(b) A photograph of a person taken by a law enforcement agency upon the arrest of a person for the crime of prostitution under Division 2 of Article 3 of Chapter 12, is not a public record and may not be published in any printed or electronic media or provided to any person without an order of a district court judge with jurisdiction over the person's criminal case.
(Act 2016-282, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 8B - Alabama Human Trafficking Safe Harbor Act. › Section 13A-6-184 - Registration of Escort Business of Companionship.

Section 13A-6-184
Registration of escort business of companionship.
(a) By August 31, 2016, a domestic or interstate business engaging in an escort business of companionship in this state must register with the Secretary of State.
(b)(1) A violation of subsection (a) is a Class A misdemeanor.
(2) A second or subsequent violation of subsection (a) is a Class D felony.
(Act 2016-282, §7.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-190 - Short Title.

Section 13A-6-190
Short title.
This chapter shall be known and may be cited as the Protecting Alabama's Elders Act.
(Act 2013-307, §1; §38-9E-1; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-191 - Definitions.

Section 13A-6-191
Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
(1) CAREGIVER. An individual who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.
(2) DECEPTION. Deception occurs when a person knowingly:
a. Creates or confirms another's impression which is false and which the defendant does not believe to be true.
b. Fails to correct a false impression which the defendant previously has created or confirmed.
c. Fails to correct a false impression when the defendant is under a duty to do so.
d. Prevents another from acquiring information pertinent to the disposition of the property involved.
e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is not a matter of official record.
f. Promises performance which the defendant does not intend to perform or knows will not be performed.
(3) ELDERLY PERSON. A person 60 years of age or older.
(4) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person.
(5) FINANCIAL EXPLOITATION. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person's property with the intent to deprive the elderly person of his or her property or the breach of a fiduciary duty to an elderly person by the person's guardian, conservator, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of the elderly person's property.
(6) INTIMIDATION. A threat of physical or emotional harm to an elderly person, or the communication to an elderly person that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.
(7) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an elderly person.
(8) PERSON. A human being.
(9) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an elderly person is prevented from exercising free judgment and choice.
(Act 2013-307, §2; §38-9E-2; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-192 - Elder Abuse and Neglect - First Degree.

Section 13A-6-192
Elder abuse and neglect - First degree.
(a) A person commits the crime of elder abuse and neglect in the first degree if he or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.
(b) Elder abuse and neglect in the first degree is a Class A felony.
(Act 2013-307, §3; §38-9E-3; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-193 - Elder Abuse and Neglect - Second Degree.

Section 13A-6-193
Elder abuse and neglect - Second degree.
(a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:
(1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.
(2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.
(3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.
(b) Elder abuse and neglect in the second degree is a Class B felony.
(Act 2013-307, §4; §38-9E-4; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-194 - Elder Abuse and Neglect - Third Degree.

Section 13A-6-194
Elder abuse and neglect - Third degree.
(a) A person commits the crime of elder abuse and neglect in the third degree if he or she does any of the following:
(1) Recklessly abuses or neglects any elderly person and the abuse or neglect causes physical injury.
(2) Recklessly emotionally abuses any elderly person.
(b) Elder abuse and neglect in the third degree is a Class A misdemeanor.
(Act 2013-307, §5; §38-9E-5; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-195 - Financial Exploitation of an Elderly Person - First Degree.

Section 13A-6-195
Financial exploitation of an elderly person - First degree.
(a) The financial exploitation of an elderly person in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the first degree.
(b) Financial exploitation of an elderly person in the first degree is a Class B felony.
(Act 2013-307, §6; §38-9E-6; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-196 - Financial Exploitation of an Elderly Person - Second Degree.

Section 13A-6-196
Financial exploitation of an elderly person - Second degree.
(a) The financial exploitation of an elderly person in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the second degree.
(b) Financial exploitation of an elderly person in the second degree is a Class C felony.
(Act 2013-307, §7; §38-9E-7; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-197 - Financial Exploitation of an Elderly Person - Third Degree.

Section 13A-6-197
Financial exploitation of an elderly person - Third degree.
(a) The financial exploitation of an elderly person in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of the elderly person in the third degree.
(b) Financial exploitation of an elderly person in the third degree is a Class A misdemeanor.
(Act 2013-307, §8; §38-9E-8; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-198 - Financial Exploitation of an Elderly Person - Prosecution.

Section 13A-6-198
Financial exploitation of an elderly person - Prosecution.
(a) In any prosecution brought for financial exploitation of an elderly person, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the financial exploitation.
(b) Any prosecution brought for financial exploitation of an elderly person shall be commenced within seven years after the commission of the offense.
(c) It shall not be a defense to financial exploitation of an elderly person that the accused reasonably believed that the victim was not an elderly person.
(Act 2013-307, §9; §38-9E-9; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-199 - Liability of Persons Reporting or Investigating Violations.

Section 13A-6-199
Liability of persons reporting or investigating violations.
Any person or entity acting pursuant to this chapter in reporting or investigating any report of abuse, neglect, or financial exploitation of an elderly person, or participating in a judicial proceeding resulting therefrom, shall be immune from any civil liability that might otherwise be incurred or imposed as a result of the report, investigation, or participation, unless the person or entity acted recklessly, in bad faith, or with malicious purpose.
(Act 2013-307, §10; §38-9E-10; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-200 - Remedies.

Section 13A-6-200
Remedies.
Nothing in this chapter shall be construed to limit the remedies available to the victim pursuant to any state law relating to domestic violence, the Adult Protective Services Act of 1976, or any other applicable law.
(Act 2013-307, §11; §38-9E-11; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 9 - Protecting Alabama's Elders Act. › Section 13A-6-201 - Liability of Physicians.

Section 13A-6-201
Liability of physicians.
No physician, as defined under Section 34-24-50.1, who is licensed to practice medicine in this state, shall be subject to Sections 13A-6-192, 13A-6-193, and 13A-6-194 for any acts or omissions constituting the practice of medicine.
(Act 2013-307, §12; §38-9E-12; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 10 - Bestiality. › Section 13A-6-220 - Definitions.

Section 13A-6-220
Definitions.
For purposes of this article, the following terms shall have the following meanings:
(1) SEXUAL CONDUCT. Any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person.
(2) SEXUAL CONTACT. Any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, any penetration, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal for the purpose of sexual gratification or sexual arousal of the person.
(Act 2014-275, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 6 - Offenses Involving Danger to the Person. › Article 10 - Bestiality. › Section 13A-6-221 - Bestiality.

Section 13A-6-221
Bestiality.
(a) A person commits the crime of bestiality if he or she:
(1) Knowingly engages in or submits to any sexual conduct or sexual contact with an animal.
(2) Knowingly causes, aids, or abets another in engaging in any sexual conduct or sexual contact with an animal.
(3) Knowingly permits any sexual conduct or sexual contact with an animal upon premises under his or her control.
(4) Knowingly organizes, promotes, conducts, advertises, aids, abets, observes, or performs any service furthering an act involving sexual conduct or sexual contact with an animal for a commercial or recreational purpose.
(b) Bestiality is a Class A misdemeanor.
(c) This article shall not apply to accepted animal husbandry practices, conformation judging practices, or accepted veterinary medicine practices.
(Act 2014-275, p. 879, §2.)