reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-45 - Falsifying Business Records.

Section 13A-9-45
Falsifying business records.
(a) A person commits the crime of falsifying business records if, with intent to defraud, he:
(1) Makes or causes a false entry in the business records of an enterprise; or
(2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise when he knows the retention or preservation of a true entry is required by law independent of this section; or
(3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law; or
(4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise when he knows a true entry is required by law independent of this section.
(b) "Enterprise" means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, political or social activity.
(c) "Business record" means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
(d) Falsifying business records is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4125.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-46 - Defrauding Secured Creditors.

Section 13A-9-46
Defrauding secured creditors.
(a) A person commits the crime of defrauding secured creditors if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest.
(b) "Security interest" means an interest in personal property or fixtures as defined in Section 7-1-201(37).
(c) Defrauding secured creditors is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4130.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-47 - Defrauding Judgment Creditors.

Section 13A-9-47
Defrauding judgment creditors.
(a) A person commits the crime of defrauding judgment creditors if he:
(1) With fraudulent intent removes property subject to execution from a county to prevent it being levied upon by an execution; or
(2) Secretes, assigns, conveys or otherwise disposes of property with intent to defraud a judgment creditor.
(b) Defrauding judgment creditors is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4135.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-48 - Fraud in Insolvency.

Section 13A-9-48
Fraud in insolvency.
(a) A person commits the crime of fraud in insolvency if, with the intent to defraud a creditor and with knowledge or reason to believe either that proceedings have been or are about to be instituted for the appointment of a receiver or that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he:
(1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate; or
(2) Presents to any creditor or to the receiver any writing or record relating to the debtor's estate, not otherwise within the coverage of Sections 13A-10-101, 13A-10-102 or 13A-10-109, knowing or having reason to believe that it contains a false material statement; or
(3) Misrepresents or refuses to disclose to the receiver, under circumstances not amounting to a violation of Section 13A-10-4, the existence, amount or location of any part of or an interest in debtor's estate, or any other information that he is legally required to furnish to the administrator.
(b) "Receiver" means an assignee or trustee for the benefit of creditors, a conservator, a liquidator or any other person legally entitled to administer property for the benefit of creditors.
(c) Fraud in insolvency is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4140; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-49 - Issuing False Financial Statement.

Section 13A-9-49
Issuing false financial statement.
(a) A person commits the crime of issuing a false financial statement if, with intent to defraud, he:
(1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability of himself or some other person and which is inaccurate in some material respect; or
(2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay is accurate with respect to that person's current financial condition or ability to pay, knowing or having reason to believe the instrument to be materially inaccurate in that respect.
(b) Issuing a false financial statement is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4145; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-50 - Receiving Deposits in Failing Financial Institution.

Section 13A-9-50
Receiving deposits in failing financial institution.
(a) A person commits the crime of receiving deposits in a failing financial institution, if, as an officer, manager or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of funds, a general deposit or other investment, knowing or having reason to believe that:
(1) Due to financial difficulties the institution is about to suspend operations or go into receivership or reorganization, and
(2) The person making the deposit or other payment is unaware of the precarious situation of the institution.
(b) Receiving deposits in a failing financial institution is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4150; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-51 - Misapplication of Property.

Section 13A-9-51
Misapplication of property.
(a) A person commits the crime of misapplication of property if, with knowledge that he is misapplying and that the misapplication involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted, he misapplies or disposes of property that has been entrusted to him as a fiduciary or that is property of the government or a financial institution.
(b) "Fiduciary" includes a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.
(c) To "misapply" means to deal with the property contrary to law or governmental regulation of the custody or disposition of that property; "governmental regulation" includes administrative and judicial rules and orders as well as statutes and ordinances.
(d) Misapplication of property is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4155.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 2 - Business Frauds. › Section 13A-9-52 - Sale and Delivery of Coal Mixed With Other Substances or Materials or With Different Quality of Coal.

Section 13A-9-52
Sale and delivery of coal mixed with other substances or materials or with different quality of coal.
(a) Any person who knowingly sells and delivers any coal which has been mixed or loaded in the delivery container together with any substance or material other than coal or together with coal of a different quality with intent to defraud the purchaser of such coal or with the intent to obtain a higher price for such coal by inducing the purchaser to believe that such coal is of a higher quality or different quality than is actually delivered shall be guilty of a Class A misdemeanor and shall, upon conviction, be fined not less than $100.00 nor more than $2,000.00 for each offense, and may also be imprisoned in the county jail for not more than one year for each offense; provided, that the blending of coal with coal of a different quality in order to achieve contract specifications is not prohibited by this section.
(b) For the purposes of this section, the sale and delivery of each delivery container shall constitute a separate offense. A delivery container is a truck, railroad car, barge or any other means or device by which coal is delivered to the purchaser. Sale and delivery is consummated when the container is accepted by the purchaser.
(Code 1975, §13-4-101; Acts 1978, No. 855, p. 1280.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3 - Charitable Fraud. › Section 13A-9-72 - Theft of Property by Charitable Fraud.

Section 13A-9-72
Theft of property by charitable fraud.
A professional fund raiser or solicitor who commits both of the following acts shall be guilty of theft of property by charitable fraud:
(1) Knowingly represents that he or she is soliciting funds for a charitable organization without the charitable organization's consent.
(2) Receives any contributions which are not delivered to the charitable organization either:
a. Within 30 days after receipt, or
b. Within 10 days upon request therefor by the charitable organization, whichever is sooner.
(Acts 1987, No. 87-605, p. 1052, §3; Acts 1996, No. 96-547, p. 786, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3 - Charitable Fraud. › Section 13A-9-73 - Charitable Fraud in the First Degree.

Section 13A-9-73
Charitable fraud in the first degree.
(a) Theft of property by charitable fraud which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud in the first degree.
(b) Theft of property by charitable fraud in the first degree is a Class B felony.
(Acts 1987, No. 87-605, p. 1052, §4; Act 2003-355, p. 962, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3 - Charitable Fraud. › Section 13A-9-74 - Charitable Fraud in the Second Degree.

Section 13A-9-74
Charitable fraud in the second degree.
(a) Theft of property by charitable fraud which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud in the second degree.
(b) Theft of property by charitable fraud in the second degree is a Class C felony.
(Acts 1987, No. 87-605, p. 1052, §5; Act 2003-355, p. 962, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3 - Charitable Fraud. › Section 13A-9-75 - Charitable Fraud in the Third Degree.

Section 13A-9-75
Charitable fraud in the third degree.
(a) Theft of property by charitable fraud which does not exceed five hundred dollars ($500) in value constitutes theft of property by charitable fraud in the third degree.
(b) Theft of property by charitable fraud in the third degree is a Class A misdemeanor.
(Acts 1987, No. 87-605, p. 1052, §6; Act 2003-355, p. 962, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3 - Charitable Fraud. › Section 13A-9-76 - Enforcement of Provisions by Injunction, Cancellation of Registration, etc.; Civil Penalties.

Section 13A-9-76
Enforcement of provisions by injunction, cancellation of registration, etc.; civil penalties.
(a) In addition to any other remedy under this article, the Attorney General of the State of Alabama, the district attorneys of the respective counties of the State of Alabama, or an affected charitable organization may bring an action against a charitable organization, professional fund raiser, professional solicitor, or commercial co-venturer, and any other persons acting for or on their behalf to enjoin the charitable organization and other persons from continuing the solicitation or collection of funds or property or engaging therein or doing any acts in furtherance thereof; and to cancel any registration statement previously filed with the Attorney General whenever the Attorney General or a district attorney shall have reason to believe that the charitable organization is acting in the following manner:
(1) Operating in violation of the provisions of this article.
(2) Refuses or fails, or any of its principal officers refuses or fails, after notice, to produce any records of the charitable organization.
(3) Engages in, or is about to engage in, any solicitation or collection of funds or other property for the charitable organization through the use of any scheme or plan, including any device or artifice, to defraud, or for obtaining money or property by means of false pretense, representation, or promises.
(4) Making, or has made, a material false statement in an application, registration, or statement required to be filed pursuant to this article.
(b) Upon a finding that any person has engaged in or is engaging in any act or practice declared unlawful by this article, the court may make any necessary order or judgment, including, but not limited to, injunctions, restitution, awards of reasonable attorneys' fees, and costs of investigation and litigation, and may award to the state civil penalties up to five thousand dollars ($5,000) for each violation of this article. In requesting injunctive relief, the Attorney General or district attorney shall not be required to establish irreparable harm but only that a violation has occurred or that the requested order promotes the public interest.
(c) Any charitable organization, professional fund raiser, commercial co-venturer, or professional solicitor, their agents or any other person who violates the terms of an injunction or other order entered under this article shall, in addition to other remedies, forfeit and pay to the state a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey the order, each day of continuance of such failure of neglect shall be deemed a separate offense.
(Acts 1987, No. 87-605, p. 1052, §7; Acts 1996, No. 96-547, p. 786, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3A - Unlawful Charitable Solicitation. › Section 13A-9-80 - Definitions.

Section 13A-9-80
Definitions.
The following words and phrases used in this article shall have the following meanings unless a different meaning is required by the context:
(1) CHARITABLE ORGANIZATION. A person or nonprofit corporation who is or holds himself or herself out to be established for a benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or other eleemosynary purpose, or a person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly or indirectly, that the solicitation is for a charitable purpose. Charitable organization includes a person, chapter, branch, area office, or a similar affiliate, or agent of any of these, soliciting contributions within the state for a charitable organization or cause that has its principal place of business within or without the state.
(2) CHARITABLE PURPOSE. Any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code.
(3) CONTAINER. Box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution, for solicitation purposes.
(4) DISCLOSURE LABEL. A printed or typed notice affixed to a container, in a conspicuous place and accessible to the public, that is easily readable and legible that informs the public of the following:
a. The approximate annual percentage paid, if any, to any individual or organization to maintain, service, or collect the contributions raised by the solicitation.
b. The net percentage or sum annually paid for the most recent calendar year paid to the specific charitable purpose.
c. If the maintenance, service, and collection from the container is done by volunteers or by paid individuals.
(Acts 1995, No. 95-605, p. 1276, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3A - Unlawful Charitable Solicitation. › Section 13A-9-81 - Charitable Organizations and Other Persons Required to Place Disclosure Labels on Containers Used for Soliciting Funds.

Section 13A-9-81
Charitable organizations and other persons required to place disclosure labels on containers used for soliciting funds.
Any container used by any person, nonprofit corporation, or charitable organization, or an agent of any of these, whether paid or not paid, in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label as defined by Section 13A- 9-80.
(Acts 1995, No. 95-605, p. 1276, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3A - Unlawful Charitable Solicitation. › Section 13A-9-82 - Person or Organization Who Knowingly Violates Article Is Guilty of Crime.

Section 13A-9-82
Person or organization who knowingly violates article is guilty of crime.
Any person or organization who knowingly violates this article shall be guilty of unlawful charitable solicitation. Unlawful charitable solicitation is a Class C misdemeanor and shall be punished as provided by law. It is an absolute defense to any criminal prosecution under this section if the charitable organization has given one hundred percent of the receipts generated by the container to the designated charitable organization for whom the person, nonprofit corporation, charitable organization, or an affiliate or branch of either, or solicitor, represented the funds being solicited.
(Acts 1995, No. 95-605, p. 1276, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3A - Unlawful Charitable Solicitation. › Section 13A-9-83 - When Disclosure Label Not Required.

Section 13A-9-83
When disclosure label not required.
No charitable organization shall be liable under this article to place a disclosure label on any container that generates less than one hundred dollars ($100) gross per annum or a charitable organization that generates less than five hundred dollars ($500) per year from all sources for any charitable purpose or purposes combined.
(Acts 1995, No. 95-605, p. 1276, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 3A - Unlawful Charitable Solicitation. › Section 13A-9-84 - Construction With Other Law.

Section 13A-9-84
Construction with other law.
This article shall be construed together with any law relating to charitable fraud or fraudulent practices, except in the event of a direct conflict with this article.
(Acts 1995, No. 95-605, p. 1276, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 4 - Illegal Possession of Food Stamps. › Section 13A-9-90 - Definitions.

Section 13A-9-90
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:
(1) FOOD STAMP COUPON. Any coupon, stamp or type of certificate issued pursuant to the provisions of the Food Stamp Act of 1977.
(2) FOOD STAMP AUTHORIZATION CARD. A document issued by the state agency to an eligible household which shows the total value of coupons the household is authorized to receive during each month pursuant to the provisions of the Food Stamp Act of 1977.
(Acts 1987, No. 87-710, p. 1255, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 4 - Illegal Possession of Food Stamps. › Section 13A-9-91 - Illegal Possession of Food Stamps in the First, Second, and Third Degree.

Section 13A-9-91
Illegal possession of food stamps in the first, second, and third degree.
(a) A person commits the crime of illegal possession of food stamps if:
(1) He or she knowingly uses, transfers, acquires, alters, or possesses food stamp coupons or food stamp authorization cards in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the regulations issued pursuant to the act; or
(2) He or she presents or causes to be presented food stamp coupons for payment or redemption knowing the same to have been received, transferred, or used in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the regulations pursuant to the act.
(b) Illegal possession of food stamps which exceed two thousand five hundred dollars ($2,500) in value constitutes illegal possession of food stamps in the first degree and is a Class B felony.
(c) Illegal possession of food stamps which exceed five hundred dollars ($500) in value but do not exceed two thousand five hundred dollars ($2,500) in value constitutes illegal possession of food stamps in the second degree and is a Class C felony.
(d) Illegal possession of food stamps which do not exceed five hundred dollars ($500) in value constitutes illegal possession of food stamps in the third degree and is a Class A misdemeanor.
(Acts 1987, No. 87-710, p. 1255, §2; Act 2003-355, p. 962, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 4 - Illegal Possession of Food Stamps. › Section 13A-9-92 - Revocation of Liquor License for Illegal Possession of Food Stamps.

Section 13A-9-92
Revocation of liquor license for illegal possession of food stamps.
Any person, licensed to engage in alcoholic beverage transactions in this state pursuant to the Alcoholic Beverage Licensing Code, Chapter 3A of Title 28, who commits the crime of illegal possession of food stamps, shall, upon conviction thereof, in addition to the criminal penalties provided in this article, have his liquor license revoked by the Alcoholic Beverage Control Board and no future license or permit shall be issued or granted to any such person for a period of one year from the date of the revocation of the license.
(Acts 1987, No. 87-710, p. 1255, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 5 - Home Repair Fraud. › Section 13A-9-110 - Definitions.

Section 13A-9-110
Definitions.
As used in this article, unless the context clearly requires otherwise, the following words and terms shall have the following meanings:
(1) HOME REPAIR. a. The repairing, replacing, altering, or the construction or renovation of an addition to a building on real property which is or will be primarily used as a residence.
b. Home repair shall include: The construction, installation, replacement, repairing, or renovation of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fallout shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, roofs, insulation, and other improvements to structures within the residence or upon the real property adjacent thereto.
c. Home repair shall not include: The sale, installation, cleaning, or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement, or connection of any home appliance including, but not limited to, disposals, refrigerators, ranges, garage door openers, television cables, antennas or dishes, washing machines, telephones, or other home appliances when the person replacing, installing, repairing, or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; the performance of repairs to a manufactured home or a mobile home pursuant to a manufacturer's or retailer's warranty or service agreement; or landscaping.
d. Home repair shall not include home repair made by not-for-profit charitable organizations.
(2) PERSON. Any individual, partnership, corporation, business, trust, or other legal entity.
(3) RESIDENCE. A single or multiple family dwelling including, but not limited to, a single-family home, apartment building, condominium, duplex, townhouse, or mobile home which is used or intended to be used by its occupants as their dwelling place.
(Act 2006-580, p. 1525, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 5 - Home Repair Fraud. › Section 13A-9-111 - Elements of the Offense.

Section 13A-9-111
Elements of the offense.
A person commits the offense of home repair fraud when the person intentionally and knowingly does any of the following:
(1) Enters into an agreement or contract for consideration, written or oral, with a person for home repair, and the offending person knowingly engages in any one or more of the following deceptive activities:
a. Misrepresentation of a material fact relating to the terms of the contract or agreement or the preexisting or existing condition of any portion of the property involved, or the creation or confirmation of another's impression which is false and which the offending person does not believe to be true, or promises performance which the offending person does not intend to perform or knows will not be performed.
b. Use or employment of any deception, false pretense, or false promises in order to induce, encourage, or solicit a person to enter into any contract or agreement.
c. Misrepresentation or concealment of either the offending person's real name or the name of his or her business or business address.
d. Use of deception, coercion, or force to obtain a person's consent to modification of the terms of the original contract or agreement.
(2) Damages the property of a person with the intent to enter into an agreement or contract for home repair.
(3) Misrepresents himself or herself or another person as being an employee or agent of any unit of federal, state, or municipal government or any other governmental unit, or an employee or agent of any public utility, with the intent to cause a person to enter into a contract or agreement for home repair.
(Act 2006-580, p. 1525, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 5 - Home Repair Fraud. › Section 13A-9-111.1 - Aggravated Home Repair Fraud.

Section 13A-9-111.1
Aggravated home repair fraud.
(a) This section shall be known and may be cited as the Alabama State of Emergency Consumer Protection Act.
(b) A person commits the offense of aggravated home repair fraud when the person knowingly does any of the following:
(1) Enters into an agreement or contract for consideration, written or oral, with another person for home repair of a residential structure that is damaged, destroyed, or otherwise in need of repair or services as a result of an event for which the Governor has declared a state of emergency, as defined in Section 31-9-3, and the offending person knowingly does any one or more of the following:
a. Knowingly misrepresents a material fact relating to the terms of the contract or agreement or the preexisting or existing condition of any portion of the property involved.
b. Knowingly creates or confirms another person's impression which is false and which he or she does not believe to be true.
c. Promises performance which he or she does not intend to perform or knows will not be performed.
d. Knowingly uses or employs any deception, false pretense, or false promises in order to induce, encourage, or solicit another person to enter into any contract or agreement.
e. Knowingly misrepresents or conceals either his or her real name or the name of his or her business or business address.
f. Knowingly uses deception, coercion, or force to obtain another person's consent to modification of the terms of the original contract or agreement.
g. After having previously been convicted of a violation of Section 34-14A-14, 34-31-32, 34-36-16, or 34-37-17 for noncompliance with a state occupational license requirement, violates Section 34-14A-14, 34-31-32, 34-36-16, or 34-37-17.
h. Is in violation of Section 34-14A-14, 34-31-32, 34-36-16, or 34-37-17 by knowingly misrepresenting or concealing his or her noncompliance with a state occupational license requirement.
(2) Damages the property of another person with the intent to enter into an agreement or contract for home repair of a residential structure that is damaged, destroyed, or otherwise in need of repair or services as a result of an event for which the Governor has declared a state of emergency, as defined in Section 31-9-3.
(3) Misrepresents himself or herself or another person as being an employee or agent of any unit of federal, state, or municipal government or any other governmental unit, or an employee or agent of any public utility, with the intent to cause another person to enter into a contract or agreement for home repair of a residential structure that does not belong to the offending person and that is damaged, destroyed, or otherwise in need of repair or services as a result of an event for which the Governor has declared a state of emergency, as defined in Section 31-9-3.
(c) A violation of this section is a Class C felony.
(Act 2021-272, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 5 - Home Repair Fraud. › Section 13A-9-112 - Determination of Intent and Knowledge.

Section 13A-9-112
Determination of intent and knowledge.
Intent and knowledge of a person alleged to have committed home repair fraud shall be determined by an evaluation of all circumstances surrounding a home repair and the determination shall not be limited to the time of the origination of the contract or agreement.
(Act 2006-580, p. 1525, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 5 - Home Repair Fraud. › Section 13A-9-113 - Substantial Performance.

Section 13A-9-113
Substantial performance.
Substantial performance of a home repair contract may be used as a mitigating circumstance and may be raised as a defense by a person alleged to have committed home repair fraud. Home repair performed in a manner which is of little or no value, or home repair that fails to materially comply with the appropriate municipal, county, state, or federal building regulations or codes is not substantial performance.
(Act 2006-580, p. 1525, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 5 - Home Repair Fraud. › Section 13A-9-114 - Penalties.

Section 13A-9-114
Penalties.
Except as provided in Section 13A-9-111.1, violations of this article shall be punished as follows:
(1) A first conviction shall be a Class A misdemeanor.
(2) A second or subsequent conviction shall be a Class C felony.
(Act 2006-580, p. 1525, §5; Act 2021-272, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 5 - Home Repair Fraud. › Section 13A-9-115 - Restitution.

Section 13A-9-115
Restitution.
In addition to any other sentence the court may impose pursuant to Section 13A-9-114, the court shall order the defendant to make restitution to the victim as a condition of probation, either within a specified period of time or in specified installments. The order shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay the amounts ordered at the time of sentencing. Intentional refusal to make restitution pursuant to a court order may be considered as grounds for revocation of the person's probation or suspension of sentence.
(Act 2006-580, p. 1525, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 9 - Forgery and Fraudulent Practices. › Article 6 - Residential Mortgage Fund. › Section 13A-9-130 - Residential Mortgage Fraud.

Section 13A-9-130
Residential mortgage fraud.
(a) This article shall be known and may be cited as the Alabama Residential Mortgage Fraud Act.
(b) For the protection of the general public, including borrowers and lending institutions, and for the integrity of the mortgage lending process, the Legislature enacts the "Alabama Residential Mortgage Fraud Act."
(c)(1) An individual commits the offense of residential mortgage fraud when with the intent to defraud, he or she does any of the following:
a. Knowingly makes any material deliberate misstatement or misrepresentation, knowing the same to be a misstatement or misrepresentation during the mortgage lending process with the specific intention that it be relied on by a mortgage broker, mortgage lender, mortgage servicer, mortgage processor, borrower, or any other party to the mortgage lending process.
b. Knowingly uses or facilitates the use of any material deliberate and known misstatement or misrepresentation knowing the same to contain a misstatement or misrepresentation during the mortgage lending process with the specific intention that it be relied on by a mortgage broker, mortgage lender, mortgage servicer, mortgage processor, borrower, or any other party to the mortgage lending process.
c. Files or causes to be filed with any public office any document that the person knows to contain a material deliberate misstatement or misrepresentation with the specific intent to cause a residential mortgage fraud.
(2) For the purposes of venue, any violation of this section shall be considered to have been committed at any of the following:
a. In the county in which the residential property for which a mortgage loan is being sought is located.
b. In any county in which any act was performed in furtherance of this violation.
c. In any county in which any individual alleged to have violated this section had control or possession of any proceeds of this violation.
d. If a closing occurred, in any county in which the closing occurred.
e. In any county in which a document containing a deliberate misstatement, misrepresentation, or omission was filed with a public official.
(3) District attorneys and the Attorney General shall have the authority to conduct the criminal investigations of all cases of residential mortgage fraud under this section.
(4)a. Residential mortgage fraud is a Class C felony.
b. Each residential mortgage transaction subject to a violation of this section shall constitute a separate offense and shall not merge with any other crimes set forth in this section.
(Act 2009-752, p. 2275, §§1-3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-1 - Definitions.

Section 13A-10-1
Definitions.
The following definitions apply in this article only unless the context otherwise requires:
(1) FIREMAN. Any officer of a fire department, a member of a volunteer fire department, or any other person vested by law with the duty to extinguish fires.
(2) GOVERNMENT. The state, county, municipality, or other political subdivision thereof, including public county and city boards of education, the youth services department district, the Alabama Institute for Deaf and Blind, and all educational institutions under the auspices of the State Board of Education.
(3) GOVERNMENTAL FUNCTION. Any activity which a public servant is legally authorized to undertake on behalf of a government or the fire control activities of a member of a volunteer fire department.
(4) GOVERNMENTAL RECORD. Any record, paper, document, or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government. Any educational attendance, membership, or financial report, or a student's school transcript.
(5) PEACE OFFICER. Any public servant vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.
(6) PROPERTY. Any real or personal property, including books, records, and documents.
(7) PUBLIC SERVANT. Any officer or employee of government, including legislators and judges and any person or agency participating as an adviser, consultant, or otherwise in performing a governmental function.
(Acts 1977, No. 607, p. 812, §4501; Acts 1987, No. 87-804, p. 1578; Act 2006-423, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-2 - Obstructing Governmental Operations.

Section 13A-10-2
Obstructing governmental operations.
(a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he:
(1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function; or
(2) Intentionally prevents a public servant from performing a governmental function.
(b) This section does not apply to the obstruction, impairment or hindrance of the making of an arrest.
(c) Obstructing governmental operations is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4505.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-3 - Refusal to Permit Inspection.

Section 13A-10-3
Refusal to permit inspection.
(a) A person commits the crime of refusing to permit inspection of property that is owned, possessed or otherwise subject to his control if, a public servant is legally authorized to inspect such property and an attempt is being made to exercise that authority and he:
(1) Refuses to produce the property for a reasonable inspection; or
(2) Refuses to permit a reasonable inspection.
(b) For the purposes of this section, "legally authorized inspection" includes any lawful search, sampling, testing or other examination of property, in connection with the regulation of the defendant's business or occupation, that is authorized by law.
(c) Refusing to permit inspection is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §4510; Acts 1979, No. 79-664, p. 1163, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-4 - Failing to File Required Report.

Section 13A-10-4
Failing to file required report.
(a) A person commits the crime of failing to file a required report if, knowing that he is required by law to submit a written report to a designated public servant, he intentionally fails to submit the report within the time provided by law.
(b) Failure to submit a report within 10 days after receipt of proper notification that the report legally is due shall constitute prima facie evidence of:
(1) Knowledge of a legal duty to submit the report; and
(2) Intentional failure to submit the report.
(c) This section applies to the failure to submit a specific report only when a separate statutory provision makes such failure subject to the operation of this section.
(d) Failing to file a required report is a violation.
(Acts 1977, No. 607, p. 812, §4515.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-5 - Refusing to Aid Peace Officer.

Section 13A-10-5
Refusing to aid peace officer.
(a) A person commits the crime of refusing to aid a peace officer if, upon command by a peace officer identified to him as such, he fails or refuses to aid such peace officer in:
(1) Effecting or securing a lawful arrest; or
(2) Preventing the commission by another person of any offense.
(b) A person is not liable under this section if the failure or refusal to aid the officer was reasonable under the circumstances. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(c) Refusing to aid a peace officer is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §4520.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-5.1 - Disarming a Law Enforcement or Corrections Officer

Section 13A-10-5.1
Disarming a law enforcement or corrections officer
(a) A person commits the crime of disarming a law enforcement or corrections officer if the person intentionally removes a firearm or weapon from a law enforcement or corrections officer or deprives a law enforcement or corrections officer of the use of a firearm or weapon when the officer is acting within the scope of his or her duties and the person knows or reasonably should have known that the individual is a law enforcement or corrections officer.
(b) The crime of disarming a law enforcement or corrections officer is a Class C felony.
(Act 2012-369, p. 921, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-6 - Refusing to Assist in Fire Control.

Section 13A-10-6
Refusing to assist in fire control.
(a) A person commits the crime of refusing to assist in fire control if, upon command by a fireman or peace officer identified to him as such, he intentionally disobeys a reasonable order or regulation made in relation to the conduct of persons in the vicinity of a fire.
(b) Refusing to assist in fire control is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §4525.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-7 - Compounding.

Section 13A-10-7
Compounding.
(a) A person commits the crime of compounding if he gives or offers to give, or accepts or agrees to accept, any pecuniary benefit or other thing of value in consideration for:
(1) Refraining from seeking prosecution of a crime; or
(2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to the crime.
(b) It is a defense to a prosecution under this section that the pecuniary benefit did not exceed an amount which the actor reasonably believed to be due as restitution or indemnification for harm caused by the offense. The burden of injecting this defense is on the defendant.
(c) Compounding is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4530.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-8 - Rendering a False Alarm.

Section 13A-10-8
Rendering a false alarm.
(a) A person commits the crime of rendering a false alarm if he knowingly causes a false alarm of fire or other emergency involving danger to person or property to be transmitted to or within an official or volunteer fire department or any other governmental agency or to be transmitted to or within a hospital or nursing home or any building housing handicapped or immobile people.
(b) Rendering a false alarm except a false alarm concerning a hospital or nursing home or other building housing handicapped or immobile people to or within an official or volunteer fire department or any other governmental agency is a Class A misdemeanor. Rendering a false alarm concerning or to or within a hospital or nursing home or any building housing handicapped or immobile people shall be a Class C felony.
(Acts 1977, No. 607, p. 812, §4535; Acts 1979, No. 79-664, p. 1163, §1; Acts 1981, No. 81-658.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-9 - False Reporting to Law Enforcement Authorities.

Section 13A-10-9
False reporting to law enforcement authorities.
(a) A person commits the crime of false reporting to law enforcement authorities if he knowingly makes a false report or causes the transmission of a false report to law enforcement authorities of a crime or relating to a crime.
(b) False reporting to law enforcement authorities is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4540; Acts 1979, No. 79-471, p. 862, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-10 - Impersonating Public Servant.

Section 13A-10-10
Impersonating public servant.
(a) A person commits the crime of impersonating a public servant if he falsely pretends to be a public servant and does any act in that capacity.
(b) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist.
(c) Impersonating a public servant is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §4545.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-11 - Impersonating Peace Officer.

Section 13A-10-11
Impersonating peace officer.
(a) A person commits the crime of impersonating a peace officer if he falsely pretends to be a peace officer and does any act in that capacity.
(b) Impersonating a peace officer is a Class C felony.
(Acts 1977, No. 607, p. 812, §4550.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-12 - Tampering With Governmental Records.

Section 13A-10-12
Tampering with governmental records.
(a) A person commits the crime of tampering with governmental records if:
(1) He knowingly makes a false entry in or falsely alters any governmental record; or
(2) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes or otherwise substantially impairs the verity or availability of any governmental record; or
(3) Knowing he lacks the authority to retain a governmental record he refuses to deliver up the record in his possession upon proper request of a person lawfully entitled to receive such record for examination or other purposes.
(b) Tampering with governmental records is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4555.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 10 - Offenses Against Public Administration. › Article 1 - Obstruction of Public Administration. › Section 13A-10-13 - Unlawful Use of Great Seal of State or Printing of Official Identification Card.

Section 13A-10-13
Unlawful use of great seal of state or printing of official identification card.
(a) It is unlawful for anyone to use an image or facsimile of the Great Seal of the State of Alabama as described in Section 1-2-4 for any commercial purpose.
(b) It is unlawful for anyone to print or distribute, or both, a facsimile of an official identification card issued by the Alabama State Law Enforcement Agency, which does not have a disclaimer of the authenticity of the card printed on the front of the card. The disclaimer shall be of the same size and type as the type used for the largest type on the facsimile of an official identification card.
(c) A violation of subsection (a) or (b) of this section is a Class C felony punishable as provided by law.
(Acts 1994, No. 94-716, §§1, 2.)