reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 1 - Culpability. › Section 13A-2-5 - Causal Relationship Between Conduct and Results; Relationship to Mental Culpability.

Section 13A-2-5
Causal relationship between conduct and results; relationship to mental culpability.
(a) A person is criminally liable if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was sufficient to produce the result and the conduct of the actor clearly insufficient.
(b) A person is nevertheless criminally liable for causing a result if the only difference between what actually occurred and what he intended, contemplated or risked is that:
(1) A different person or property was injured, harmed or affected; or
(2) A less serious or less extensive injury or harm occurred.
(c) When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct.
(Acts 1977, No. 607, p. 812, §320.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 1 - Culpability. › Section 13A-2-6 - Effect of Ignorance or Mistake Upon Liability.

Section 13A-2-6
Effect of ignorance or mistake upon liability.
(a) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief of fact unless:
(1) His factual mistake negatives the culpable mental state required for the commission of an offense; or
(2) The statute defining the offense or a statute related thereto expressly provides that such a factual mistake constitutes a defense or exemption; or
(3) The factual mistake is of a kind that supports a defense of justification as defined in Article 2 of Chapter 3 of this title.
(b) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless his mistaken belief is founded upon an official statement of the law contained in a statute or the latest judicial decision of the highest state or federal court which has decided on the matter.
(c) The burden of injecting the issue of mistake of law under subsection (b) of this section is on the defendant, but this does not shift the burden of proof.
(d) A mistake of law, other than as to the existence or meaning of the statute under which the defendant is prosecuted, is relevant to disprove the specific state of mental culpability required by the statute under which the defendant is prosecuted.
(Acts 1977, No. 607, p. 812, §325.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 1 - Culpability. › Section 13A-2-7 - Consent.

Section 13A-2-7
Consent.
(a) In general. - The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives a required element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.
(b) Consent to bodily harm. - When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense only if:
(1) The bodily harm consented to or threatened by the conduct consented to is not serious; or
(2) The conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or
(3) The consent establishes a justification for the conduct under Article 2 of Chapter 3 of this title.
(c) Ineffective consent. - Unless otherwise provided by this Criminal Code or by the law defining the offense, assent does not constitute consent if:
(1) It is given by a person who is legally incompetent to authorize the conduct; or
(2) It is given by a person who by reason of immaturity, mental disease or defect, or intoxication is manifestly unable and known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct; or
(3) It is given by a person whose consent is sought to be prevented by the law defining the offense; or
(4) It is induced by force, duress or deception.
(Acts 1977, No. 607, p. 812, §330.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 2 - Parties to Offenses. › Section 13A-2-20 - Criminal Liability Based Upon Behavior.

Section 13A-2-20
Criminal liability based upon behavior.
A person is criminally liable for an offense if it is committed by his own behavior or by the behavior of another person for which he is legally accountable as provided for in this article, or both.
(Acts 1977, No. 607, p. 812, §401.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 2 - Parties to Offenses. › Section 13A-2-21 - Criminal Liability Based Upon Behavior of Another - Accountability Imposed by Statute.

Section 13A-2-21
Criminal liability based upon behavior of another - Accountability imposed by statute.
A person is legally accountable for the behavior of another person if he is made accountable for the behavior of such person by the statute defining the offense or by specific provision of this title.
(Acts 1977, No. 607, p. 812, §405.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 2 - Parties to Offenses. › Section 13A-2-22 - Criminal Liability Based Upon Behavior of Another - Conduct of an Innocent Person.

Section 13A-2-22
Criminal liability based upon behavior of another - Conduct of an innocent person.
(a) A person is legally accountable for the behavior of another if, acting with the culpable mental state sufficient for the commission of the offense in question, he causes an innocent person to engage in such behavior.
(b) As used in this section, an "innocent person" includes any person who is not guilty of the offense in question, despite his behavior, because of:
(1) Criminal irresponsibility or other legal incapacity or exemption.
(2) Unawareness of the criminal nature of the conduct in question or of the defendant's criminal purpose.
(3) Any other factor precluding the mental state sufficient for the commission of the offense in question.
(Acts 1977, No. 607, p. 812, §410.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 2 - Parties to Offenses. › Section 13A-2-23 - Criminal Liability Based Upon Behavior of Another - Complicity.

Section 13A-2-23
Criminal liability based upon behavior of another - Complicity.
A person is legally accountable for the behavior of another constituting a criminal offense if, with the intent to promote or assist the commission of the offense:
(1) He procures, induces or causes such other person to commit the offense; or
(2) He aids or abets such other person in committing the offense; or
(3) Having a legal duty to prevent the commission of the offense, he fails to make an effort he is legally required to make.
(Acts 1977, No. 607, p. 812, §415.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 2 - Parties to Offenses. › Section 13A-2-24 - Criminal Liability Based Upon Behavior of Another - Exceptions.

Section 13A-2-24
Criminal liability based upon behavior of another - Exceptions.
Unless otherwise provided by the statute defining the offense, a person shall not be legally accountable for behavior of another constituting a criminal offense if:
(1) He is a victim of that offense; or
(2) The offense is so defined that his conduct is inevitably incidental to its commission; or
(3) Prior to the commission of the offense, he voluntarily terminated his effort to promote or assist its commission and either gave timely and adequate warning to law enforcement authorities, or to the intended victim, or wholly deprived his complicity of its effectiveness in the commission of the offense. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, §420.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 2 - Parties to Offenses. › Section 13A-2-25 - Criminal Liability Based Upon Behavior of Another - Certain Defenses Not Available.

Section 13A-2-25
Criminal liability based upon behavior of another - Certain defenses not available.
In a prosecution for an offense in which criminal liability is based upon the behavior of another person pursuant to this article, it is no defense that:
(1) Such other person has not been prosecuted for or convicted of any offense based upon the behavior in question, or has been previously acquitted thereof, or has been convicted of a different offense or degree of offense.
(2) The defendant belongs to a class of persons who, by definition of the offense, are legally incapable of committing the offense in an individual capacity.
(Acts 1977, No. 607, p. 812, §425.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 2 - Parties to Offenses. › Section 13A-2-26 - Criminal Liability of an Individual for Corporate Conduct.

Section 13A-2-26
Criminal liability of an individual for corporate conduct.
A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.
(Acts 1977, No. 607, p. 812, §435.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 1 - Responsibility. › Section 13A-3-1 - Mental Disease or Defect.

Section 13A-3-1
Mental disease or defect.
(a) It is an affirmative defense to a prosecution for any crime that, at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.
(b) "Severe mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(c) The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
(Acts 1977, No. 607, p. 812, §501; Acts 1988, No. 88-654, p. 1051, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 1 - Responsibility. › Section 13A-3-2 - Intoxication.

Section 13A-3-2
Intoxication.
(a) Intoxication is not a defense to a criminal charge, except as provided in subsection (c) of this section. However, intoxication, whether voluntary or involuntary, is admissible in evidence whenever it is relevant to negate an element of the offense charged.
(b) When recklessness establishes an element of an offense and the actor is unaware of a risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.
(c) Involuntary intoxication is a defense to prosecution if as a result the actor lacks capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
(d) Intoxication in itself does not constitute mental disease or defect within the meaning of Section 13A-3-1.
(e) In this section:
(1) "Intoxication" includes a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.
(2) "Voluntary intoxication" means intoxication caused by substances that the actor knowingly introduced into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them under circumstances that would afford a defense to a charge of crime.
(Acts 1977, No. 607, p. 812, §505.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 1 - Responsibility. › Section 13A-3-3 - Immaturity.

Section 13A-3-3
Immaturity.
The prosecution of any person as an adult shall be barred if the offense was committed when the actor was less than 14 years old.
(Acts 1977, No. 607, p. 812, §510.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-20 - Definitions.

Section 13A-3-20
Definitions.
The following definitions are applicable to this article:
(1) BUILDING. Any structure which may be entered and utilized by persons for business, public use, lodging, or the storage of goods, and includes any vehicle, aircraft, or watercraft used for the lodging of persons or carrying on business therein. Each unit of a building consisting of two or more units separately occupied or secured is a separate building.
(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.
(3) DWELLING. A building which is usually occupied by a person lodging therein at night, or a building of any kind, including any attached balcony, whether the building is temporary or permanent, mobile or immobile, which has a roof over it, and is designed to be occupied by people lodging therein at night.
(4) FORCE. Physical action or threat against another, including confinement.
(5) PREMISES. The term includes any building, as defined in this section, and any real property.
(6) RESIDENCE. A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(7) VEHICLE. A motorized conveyance which is designed to transport people or property.
(Acts 1977, No. 607, p. 812, §670; Act 2006-303, p. 638, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-21 - Basis for Defense Generally; Injury to Innocent Person Through Negligence; Civil Remedies.

Section 13A-3-21
Basis for defense generally; injury to innocent person through negligence; civil remedies.
(a) Defense. Except as otherwise expressly provided, justification or excuse under this article is a defense.
(b) Danger to innocent persons. If a person is justified or excused in using force against a person, but he recklessly or negligently injures or creates a substantial injury to another person, the justifications afforded by this article are unavailable in a prosecution for such recklessness or negligence.
(c) Civil remedy unimpaired. Any justification or excuse within the meaning of this article does not abolish or impair any civil remedy or right of action which is otherwise available.
(Acts 1977, No. 607, p. 812, §601.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-22 - Execution of Public Duty.

Section 13A-3-22
Execution of public duty.
Unless inconsistent with other provisions of this article, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of his official powers, duties or functions.
(Acts 1977, No. 607, p. 812, §605; Acts 1979, No. 79-471, p. 862, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-24 - Use of Force by Persons With Parental, Custodial, or Special Responsibilities.

Section 13A-3-24
Use of force by persons with parental, custodial, or special responsibilities.
The use of force upon another person is justified under any of the following circumstances:
(1) A parent, guardian, or other person responsible for the care and supervision of a minor or an incompetent person, and a teacher or other person responsible for the care and supervision of a minor for a special purpose, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent that he reasonably believes it necessary and appropriate to maintain discipline or to promote the welfare of the minor or incompetent person.
(2) A warden or other authorized official of a jail, prison, or correctional institution may, in order to maintain order and discipline, use whatever physical force is authorized by law.
(3) A person responsible for the maintenance of order in a common or contract carrier of passengers, or a person acting under his direction, may use reasonable physical force when and to the extent that he reasonably believes it necessary to maintain order, but he may use deadly physical force only when he reasonably believes it necessary to prevent death or serious physical injury.
(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use reasonable physical force upon that person to the extent that he reasonably believes it necessary to thwart the result.
(5) A duly licensed physician, or a person acting under his direction, may use reasonable physical force for the purpose of administering a reasonable and recognized form of treatment which he reasonably believes to be adapted to promoting the physical or mental health of the patient if:
a. The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person responsible for his care and supervision; or
b. The treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
(Acts 1977, No. 607, p. 812, §615.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-25 - Use of Force in Defense of Premises.

Section 13A-3-25
Use of force in defense of premises.
(a) A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such premises.
(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only:
(1) In defense of a person, as provided in Section 13A-3-23; or
(2) When he reasonably believes it necessary to prevent the commission of arson in the first or second degree by the trespasser.
(Acts 1977, No. 607, p. 812, §620.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-26 - Use of Force in Defense of Property Other Than Premises.

Section 13A-3-26
Use of force in defense of property other than premises.
A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises as defined in Section 13A-3-20.
(Acts 1977, No. 607, p. 812, §625.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-28 - Use of Force in Resisting Arrest Prohibited.

Section 13A-3-28
Use of force in resisting arrest prohibited.
A person may not use physical force to resist a lawful arrest by a peace officer who is known or reasonably appears to be a peace officer.
(Acts 1977, No. 607, p. 812, §635.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-30 - Duress.

Section 13A-3-30
Duress.
(a) It is a defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by the threat of imminent death or serious physical injury to himself or another.
(b) The defense provided by this section is unavailable if the actor intentionally or recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.
(c) It is no defense that a person acted at the command or persuasion of his or her spouse, unless such compulsion would establish a defense under this section. The presumption that a woman is subject to compulsion when acting in the presence of her husband is abolished.
(d) The defense provided by this section is unavailable in a prosecution for:
(1) murder; or
(2) any killing of another under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title.
(Acts 1977, No. 607, p. 812, §645; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 3 - Defenses. › Article 2 - Justification and Excuse. › Section 13A-3-31 - Entrapment.

Section 13A-3-31
Entrapment.
The Alabama Criminal Code adopts the present case law on entrapment.
(Acts 1977, No. 607, p. 812, §650; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 4 - Inchoate Crimes. › Section 13A-4-1 - Criminal Solicitation.

Section 13A-4-1
Criminal solicitation.
(a) A person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a crime, he solicits, requests, commands or importunes such other person to engage in such conduct.
A person may not be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant's intent.
(b) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(c) A person is not liable under this section when his solicitation constitutes conduct of a kind that is necessarily incidental to the commission of the offense solicited. When the solicitation constitutes an offense other than criminal solicitation which is related to but separate from the offense solicited, defendant is guilty of such related offense only and not of criminal solicitation.
(d) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the offense solicited because of:
(1) Criminal irresponsibility or other legal incapacity or exemption; or
(2) Unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose; or
(3) Any other factor precluding the mental state required for the commission of the offense in question.
(e) It is no defense to a prosecution for criminal solicitation that defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that he solicited another to commit.
(f) Criminal solicitation is a:
(1) Class A felony if the offense solicited is murder.
(2) Class B felony if the offense solicited is a Class A felony.
(3) Class C felony if the offense solicited is a Class B felony.
(4) Class A misdemeanor if the offense solicited is a Class C felony.
(5) Class B misdemeanor if the offense solicited is a Class A misdemeanor.
(6) Class C misdemeanor if the offense solicited is a Class B misdemeanor.
(7) Violation if the offense solicited is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1001.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 4 - Inchoate Crimes. › Section 13A-4-2 - Attempt.

Section 13A-4-2
Attempt.
(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense.
(b) It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the defendant believed them to be.
(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of this criminal intent, he avoided the commission of the offense attempted by abandoning his criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(d) An attempt is a:
(1) Class A felony if the offense attempted is murder.
(2) Class B felony if the offense attempted is a Class A felony.
(3) Class C felony if the offense attempted is a Class B felony.
(4) Class A misdemeanor if the offense attempted is a Class C felony.
(5) Class B misdemeanor if the offense attempted is a Class A misdemeanor.
(6) Class C misdemeanor if the offense attempted is a Class B misdemeanor.
(7) Violation if the offense attempted is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1005.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 4 - Inchoate Crimes. › Section 13A-4-3 - Criminal Conspiracy Generally.

Section 13A-4-3
Criminal conspiracy generally.
(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one or more of such persons does an overt act to effect an objective of the agreement.
(b) If a person knows or should know that one with whom he agrees has in turn agreed or will agree with another to effect the same criminal objective, he shall be deemed to have agreed with such other person, whether or not he knows the other's identity.
(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy. Renunciation by one conspirator, however, does not affect the liability of another conspirator who does not join in the abandonment of the conspiratorial objective. The burden of injecting the issue of renunciation is on the defendant, but this does not shift the burden of proof.
(d) It is no defense to a prosecution for criminal conspiracy that:
(1) The person, or persons, with whom defendant is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or is immune from prosecution, or
(2) The person, or persons, with whom defendant conspired could not be guilty of the conspiracy or the object crime because of lack of mental responsibility or culpability, or other legal incapacity or defense, or
(3) The defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.
(e) A conspirator is not liable under this section if, had the criminal conduct contemplated by the conspiracy actually been performed, he would be immune from liability under the law defining the offense or as an accomplice under Section 13A-2-24.
(f) Liability as accomplice. Accomplice liability for offenses committed in furtherance of a conspiracy is to be determined as provided in Section 13A-2-23.
(g) Criminal conspiracy is a:
(1) Class A felony if an object of the conspiracy is murder.
(2) Class B felony if an object of the conspiracy is a Class A felony.
(3) Class C felony if an object of the conspiracy is a Class B felony.
(4) Class A misdemeanor if an object of the conspiracy is a Class C felony.
(5) Class B misdemeanor if an object of the conspiracy is a Class A misdemeanor.
(6) Class C misdemeanor if an object of the conspiracy is a Class B misdemeanor.
(7) Violation if an object of the conspiracy is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1015.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 4 - Inchoate Crimes. › Section 13A-4-4 - Conspiracy Formed in This State to Commit Crime Elsewhere Indictable Here.

Section 13A-4-4
Conspiracy formed in this state to commit crime elsewhere indictable here.
A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state.
(Code 1896, §4430; Code 1907, §6472; Code 1923, §3573; Code 1940, T. 14, §102; Code 1975, §13-9-23.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 4 - Inchoate Crimes. › Section 13A-4-5 - Consummation of Object Offense Not Defense to Prosecution; Multiple Convictions on Basis of Same Course of Conduct.

Section 13A-4-5
Consummation of object offense not defense to prosecution; multiple convictions on basis of same course of conduct.
(a) It is no defense to a prosecution for criminal solicitation, Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the offense solicited, attempted or conspired was actually committed.
(b) A person may not be convicted on the basis of the same course of conduct of both the actual commission of an offense and:
(1) An attempt to commit the offense; or
(2) Criminal solicitation of the offense; or
(3) Criminal conspiracy of the offense.
(c) A person may not be convicted of more than one of the offenses defined in Sections 13A-4-1, 13A-4-2 and 13A-4-3 for a single course of conduct designed to commit or to cause the commission of the same crime.
(Acts 1977, No. 607, p. 812, §1020.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-1 - Applicability of Provisions.

Section 13A-5-1
Applicability of provisions.
(a) Every person convicted of any offense defined in this title, or defined outside this title, shall be sentenced by the court in accordance with this article, unless otherwise specifically provided by law.
(b) Penal laws enacted after January 1, 1980, shall be classified for punishment purposes in accordance with this article.
(Acts 1977, No. 607, p. 812, §1201.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-2 - Authorized Dispositions.

Section 13A-5-2
Authorized dispositions.
(a) Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10.
(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the court to pay a fine authorized by Section 13A-5-11.
(c) Every person convicted of a misdemeanor or violation shall be sentenced by the court to:
(1) Imprisonment for a term authorized by Section 13A-5-7; or
(2) Pay a fine authorized by Section 13A-5-12; or
(3) Both such imprisonment and fine.
(d) Every person convicted of a felony, misdemeanor, or violation, except for the commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed on probation as authorized by law.
(e) This article does not deprive a court of authority conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license or permit, remove a person from office, cite for contempt, or impose any other lawful civil penalty. Such a judgment, order, or decree may be included as part of the sentence.
(f) Every person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the offense, as authorized by subsection (c) of Section 13A-6-2.
(Acts 1977, No. 607, p. 812, §1205; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2015-463, §1; Act 2016-360, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-3 - Classification of Offenses.

Section 13A-5-3
Classification of offenses.
(a) Offenses are designated as felonies, misdemeanors or violations.
(b) Felonies are classified according to the relative seriousness of the offense into four categories:
(1) Class A felonies;
(2) Class B felonies;
(3) Class C felonies; and
(4) Class D felonies.
(c) Misdemeanors are classified according to the relative seriousness of the offense into three categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors; and
(3) Class C misdemeanors.
(d) Violations are not classified.
(Acts 1977, No. 607, p. 812, §1210; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-4 - Designation of Offenses.

Section 13A-5-4
Designation of offenses.
(a) The particular classification of each felony defined in this title, except murder under Section 13A-6-2, is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a felony without specification of its classification or punishment is punishable as a Class C felony.
(b) The particular classification of each misdemeanor defined in this title is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without specification as to classification or punishment is punishable as a Class C misdemeanor.
(c) Every violation defined in this title is expressly designated as such. Any offense defined outside this title without specification as to punishment or as to felony or misdemeanor is a violation.
(Acts 1977, No. 607, p. 812, §1215.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-5 - Presentence Investigation.

Section 13A-5-5
Presentence investigation.
There shall be a presentence or postsentence investigation report completed and filed on every defendant convicted of a felony offense after March 10, 2006, and such report shall be in an electronic format. On motion of the court or written motion of either party, the court shall require a written report of a presentence investigation of a defendant convicted of a felony, and such defendant shall not be sentenced or otherwise disposed of before such report has been presented to and considered by the court.
(Acts 1977, No. 607, p. 812, §1220; Act 2006-218, p. 376, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-6 - Sentences of Imprisonment for Felonies.

Section 13A-5-6
Sentences of imprisonment for felonies.
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:
(1) For a Class A felony, for life or not more than 99 years or less than 10 years.
(2) For a Class B felony, not more than 20 years or less than 2 years.
(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the offense is a sex offense pursuant to Section 15-20A-5.
(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8.
(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony sex offense involving a child as defined in Section 15-20A-4, not less than 20 years.
(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4, not less than 10 years.
(b) The actual time of release within the limitations established by subsection (a) shall be determined under procedures established elsewhere by law.
(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20A-19, or where an offender is convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.
(Acts 1977, No. 607, p. 812, §1225; Acts 1981, No. 81-840, p. 1505; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2011-555, p. 1037, §1; Act 2015-185, p. 476, §2; Act 2015-463, p. 1506, §1; Act 2019-465, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-7 - Sentences of Imprisonment for Misdemeanors and Violations.

Section 13A-5-7
Sentences of imprisonment for misdemeanors and violations.
(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:
(1) For a Class A misdemeanor, not more than one year.
(2) For a Class B misdemeanor, not more than six months.
(3) For a Class C misdemeanor, not more than three months.
(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.
(Acts 1977, No. 607, p. 812, §1230; Acts 1978, No. 770, p. 1110.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-8 - Place of Imprisonment.

Section 13A-5-8
Place of imprisonment.
The place of imprisonment for sentences imposed in this state shall be as established elsewhere by law.
(Acts 1977, No. 607, p. 812, §1232.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-8.1 - Termination From Alternative Programs.

Section 13A-5-8.1
Termination from alternative programs.
If a defendant is participating in a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program and is subsequently terminated from that program, the court may then order that the defendant be confined in either a prison, jail-type institution, treatment institution, or a consenting community corrections program. The court shall impose a sentence length that complies with either Section 13A-5-6, Section 13A-5-9, or the sentencing guidelines, whichever is applicable. Nothing in this section shall preclude the court from imposing a split sentence under Section 15-18-8 or from suspending a sentence under Section 15-22-50. Nothing in this section shall limit the court's discretion with regard to any defendant ordered to participate in a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program, whether pre-trial, pre-trial adjudication, or as a condition of bond.
(Act 2015-185, §11.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-9 - Habitual Felony Offenders - Additional Penalties.

Section 13A-5-9
Habitual felony offenders - Additional penalties.
(a) In all cases when it is shown that a criminal defendant has been previously convicted of a Class A, Class B, or Class C felony and after the conviction has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:
(1) On conviction of a Class C felony, he or she must be punished for a Class B felony.
(2) On conviction of a Class B felony, he or she must be punished for a Class A felony.
(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(b) In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:
(1) On conviction of a Class C felony, he or she must be punished for a Class A felony.
(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years.
(c) In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:
(1) On conviction of a Class C felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or any term of not less than 20 years.
(3) On conviction of a Class A felony, where the defendant has no prior convictions for any Class A felony, he or she must be punished by imprisonment for life or life without the possibility of parole, in the discretion of the trial court.
(4) On conviction of a Class A felony, where the defendant has one or more prior convictions for any Class A felony, he or she must be punished by imprisonment for life without the possibility of parole.
(d) In all cases when it is shown that a criminal defendant has been previously convicted of any two or more felonies that are Class A or Class B felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.
(e) In all cases when it is shown that a criminal defendant has been previously convicted of any three or more felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.
(Acts 1977, No. 607, p. 812, §1235; Acts 1979, No. 79-664, p. 1163, §1; Act 2000-759, p. 1736, §1; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-9.1 - Retroactive Application of Section 13a-5-9.

Section 13A-5-9.1
Retroactive application of Section 13A-5-9.
Repealed by Act 2014-165, §1, effective March 13, 2014.
(Act 2001-977, 3rd Sp. Sess., p. 941, §1; Act 2007-457, p. 945, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-10 - Habitual Felony Offenders - Proof; Restriction on Imposition of Penalty.

Section 13A-5-10
Habitual felony offenders - Proof; restriction on imposition of penalty.
(a) The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under Section 13A-5-9, according to procedures established by rule of court.
(b) Section 13A-5-9 does not apply to a corporation.
(Acts 1977, No. 607, p. 812, §1237.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-10.1 - Habitual Felony Offenders - Proof; Certified Copies of Case Action Summary Sheets, Docket Sheets, Etc.

Section 13A-5-10.1
Habitual felony offenders - Proof; certified copies of case action summary sheets, docket sheets, etc.
(a) Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the laws of this state.
(b) If the trial court determines that the defendant would be prejudiced by the admission of the documents described in subsection (a) the court may admit into evidence and inform the jury of the fact of the conviction but not allow the jury to view the prejudicial documents.
(c) If the document described in subsection (a) indicates that the defendant was represented by an attorney, it is presumed that the attorney was present in court with the defendant at all critical stages of the proceeding.
(Acts 1987, No. 87-604, p. 1051, §§1-3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 5 - Punishments and Sentences. › Article 1 - General Provisions. › Section 13A-5-11 - Fines for Felonies.

Section 13A-5-11
Fines for felonies.
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A felony, not more than $60,000;
(2) For a Class B felony, not more than $30,000;
(3) For a Class C felony, not more than $15,000;
(4) For a Class D felony, not more than $7,500; or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(b) 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.
(c) 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.
(d) This section shall not apply if a higher fine is otherwise authorized by law for a specific crime.
(Acts 1977, No. 607, p. 812, §1240; Act 2006-197, p. 284, §1; Act 2015-185, §2.)