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title-13a•Title 13A — Criminal Code
This title shall be known and may be cited as the “Alabama Criminal Code.”
(Acts 1977, No. 607, p. 812, §101.)
Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:
(1) BOOBY TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.
(2) BURDEN OF INJECTING THE ISSUE. The term means that the defendant must offer some competent evidence relating to all matters subject to the burden, except that the defendant may rely upon evidence presented by the prosecution in meeting the burden.
(3) CLANDESTINE LABORATORY OPERATION. Any of the following:
a. Purchase or procurement of chemicals, supplies, equipment, or laboratory location for the unlawful manufacture of controlled substances.
b. Transportation or arranging for the transportation of chemicals, supplies, or equipment for the unlawful manufacture of controlled substances.
c. Setting up of equipment or supplies in preparation for the unlawful manufacture of controlled substances.
d. Distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the unlawful manufacture of controlled substances.
(4) CRIME. A misdemeanor or a felony.
(5) DANGEROUS INSTRUMENT. Any instrument, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is highly capable of causing death or serious physical injury. The term includes a “vehicle,” as that term is defined in subdivision (15).
(6) DEADLY PHYSICAL FORCE. Physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.
(7) DEADLY WEAPON. A firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any billy, black-jack, bludgeon, or metal knuckles.
(8) FELONY. An offense for which a sentence to a term of imprisonment in excess of one year is authorized by this title.
(9) MISDEMEANOR. An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed.
(10) OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.
(11) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.
(12) PHYSICAL INJURY. Impairment of physical condition or substantial pain.
(13) POSSESS. To have physical possession or otherwise to exercise dominion or control over tangible property.
(14) SERIOUS PHYSICAL INJURY. Physical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ; or a penetrating gunshot wound inflicted by a firearm as defined in Section 13A-8-1.
(15) VEHICLE. Any “propelled vehicle,” as defined in subdivision (9) of Section 13A-8-1. The term includes any propelled device by which any person or property is transported on land, water, or in the air, and includes motor vehicles, motorcycles, motorboats, and aircraft, and any vessel, whether propelled by machinery or not.
(16) VIOLATION. An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.
(Acts 1977, No. 607, p. 812, §130; Acts 1978, No. 770, p. 1110; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2022-401, §1.)
The general purposes of the provisions of this title are:
(1) To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual and/or public interests;
(2) To give fair warning of the nature of the conduct proscribed and of the punishment authorized upon conviction;
(3) To define the act or omission and the accompanying mental state that constitute each offense;
(4) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;
(5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection; and
(6) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
(Acts 1977, No. 607, p. 812, §105.)
No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance.
(Acts 1977, No. 607, p. 812, §110.)
All provisions of this title shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law, including the purposes stated in Section 13A-1-3.
(Acts 1977, No. 607, p. 812, §115.)
(a) The provisions of this title shall govern the construction of and punishment for any offense defined in this title and committed after 12:01 A.M. January 1, 1980, as well as the construction and application of any defense to a prosecution for such an offense.
(b) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside this title and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.
(c) The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to 12:01 A.M. January 1, 1980, or the construction and application of any defense to a prosecution of such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
(Acts 1977, No. 607, p. 812, §120.)
(a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this title.
(2) This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.
(b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
(1) One offense is included in the other, as defined in Section 13A-1-9; or
(2) One offense consists only of a conspiracy or other form of preparation to commit the other; or
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
(Acts 1977, No. 77-607, p. 812, §125; Acts 1979, No. 79-471, p. 862, §1.)
(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if:
(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or
(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or
(3) It is specifically designated by statute as a lesser degree of the offense charged; or
(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.
(b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.
(Acts 1977, No. 607, p. 812, §126.)
All proceedings pending and all rights and liabilities existing, acquired or incurred on January 1, 1980, are hereby saved and may be consummated according to the law in force when they were commenced. This title shall not be construed to affect any prosecution pending or begun before January 1, 1980.
(Acts 1977, No. 607, p. 812, §9905.)
This title shall take effect at 12:01 A.M. o’clock on January 1, 1980.
(Acts 1977, No. 607, p. 812, §9910; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-125, p. 230.)
The following definitions apply to this Criminal Code:
(1) ACT. A bodily movement, and such term includes possession of property.
(2) VOLUNTARY ACT. An act performed consciously as a result of effort or determination, and such term includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient time to have been able to terminate it.
(3) OMISSION. A failure to perform an act as to which a duty of performance is imposed by law.
(4) CONDUCT. An act or omission and its accompanying mental state.
(5) TO ACT. Either to perform an act or to omit to perform an act.
(6) CULPABLE MENTAL STATE. Such term means “intentionally” or “knowingly” or “recklessly” or with “criminal negligence,” as these terms are defined in Section 13A-2-2.
(Acts 1977, No. 607, p. 812, §301.)
The following definitions apply to this Criminal Code:
(1) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.
(2) KNOWINGLY. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.
(3) RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.
(4) CRIMINAL NEGLIGENCE. A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider statutes or ordinances regulating the defendant’s conduct as bearing upon the question of criminal negligence.
(Acts 1977, No. 607, p. 812, §305.)
The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of “strict liability.” If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of “mental culpability.”
(Acts 1977, No. 607, p. 812, §310.)
(a) When a statute defining an offense prescribes as an element thereof a specified culpable mental state, such mental state is presumed to apply to every element of the offense unless the context thereof indicates to the contrary.
(b) Although no culpable mental state is expressly designated in a statute defining an offense, an appropriate culpable mental state may nevertheless be required for the commission of that offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, states a crime of mental culpability.
(c) If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly and intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally.
(Acts 1977, No. 607, p. 812, §315.)
(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.)
(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.)
(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.)
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.)
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.)
(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.)
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.)
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.)
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.)
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.)
(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.)
(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.)
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.)
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) CONDUCT PERFORMED WITHIN A LAW ENFORCEMENT OFFICER’S DISCRETIONARY AUTHORITY. Governmental conduct by a law enforcement officer performing a legitimate job-related function or pursuing a job-related goal through means that were within the law enforcement officer’s plausible power to utilize. In determining whether governmental conduct was performed within a law enforcement officer’s discretionary authority, a court must temporarily put aside that the conduct may have been committed for an improper or unconstitutional purpose, in an improper or unconstitutional manner, to an improper unconstitutional extent, or under improper or constitutionally inappropriate circumstances. The court must determine whether, if done for a proper purpose, the conduct was within, or reasonably related to, the outer perimeter of a law enforcement officer’s governmental discretion in performing his or her official duties.
(3) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.
(4) DETENTION FACILITY OFFICER. Any guard or detention or jail officer who, in the exercise of his or her discretionary authority, is authorized to use physical force against persons and who is employed in a facility used for the confinement, pursuant to law, of any of the following persons:
a. Someone charged with or convicted of an offense.
b. Someone charged with being or adjudicated a youthful offender, a neglected minor, or juvenile delinquent.
c. Someone held for extradition.
d. Someone otherwise confined pursuant to an order of a court.
(5) 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.
(6) FORCE. Physical action or threat against another, including confinement.
(7) LAW ENFORCEMENT OFFICER. Any peace officer or detention facility officer.
(8) PREMISES. The term includes any building, as defined in this section, and any real property.
(9) RESIDENCE. A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(10) 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; Act 2025-423, §3.)
(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.)
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.)
AMENDED BY ACT 2026-493, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (5), if the person reasonably believes that another person is:
(1) Using or about to use unlawful deadly physical force.
(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.
(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.
(4) Using or about to use physical force against an owner, employee, or other person authorized to be on business property when the business is closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime of a sexual nature involving a child under the age of 12.
(5) In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, business property, or occupied vehicle, or federally licensed nuclear power facility, or is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a person against his or her will from any dwelling, residence, business property, or occupied vehicle when the person has a legal right to be there, and provided that the person using the deadly physical force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring. The legal presumption that a person using deadly physical force is justified to do so pursuant to this subdivision does not apply if:
a. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;
b. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;
c. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
d. The person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.
(b) A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.
(c) Notwithstanding the provisions of subsection (a), a person is not justified in using physical force if:
(1) With intent to cause physical injury or death to another person, he or she provoked the use of unlawful physical force by such other person.
(2) He or she was the initial aggressor, except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.
(3) The physical force involved was the product of a combat by agreement not specifically authorized by law.
(d)(1) A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.
(2) Prior to the commencement of a trial in a case in which a defense is claimed under this section, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether force, including deadly force, used by the defendant was justified or whether it was unlawful under this section. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.
(3) If, after a pretrial hearing under subdivision (2), the court concludes that the defendant has proven by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
(4) If the defendant does not meet his or her burden of proving immunity at the pre-trial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
(e) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (a), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.
(Acts 1977, No. 607, p. 812, §610; Acts 1979, No. 79-599, p. 1060, §1; Act 2006-303, p. 638, §1; Act 2013-283, p. 938, §8; Act 2016-420, §1.)
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.)
(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.)
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.)
(a) A law enforcement officer shall be justified in making any use of physical force against a person if the use of force is conduct performed within the law enforcement officer’s discretionary authority and does not constitute excessive force as provided in subsection (b).
(b) No law enforcement officer shall be justified, as provided in this section, for any use of physical force against a person if the use of force violates that person’s rights, under the Constitution of Alabama of 2022 or the Constitution of the United States, to be free from excessive force.
(c) Except as provided in subsection (d), a person who has been directed by a law enforcement officer to assist him or her to effect an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that he or she reasonably believes that force to be necessary to carry out the law enforcement officer’s direction.
(d) A person who has been directed to assist a law enforcement officer under circumstances specified in subsection (c) may use deadly physical force to effect an arrest or to prevent an escape only when:
(1) He or she reasonably believes that force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force; or
(2) He or she is authorized by the law enforcement officer to use deadly physical force and does not know that the law enforcement officer is not authorized to use deadly physical force under the circumstances.
(e)(1) A private person acting on his or her own account is justified in using physical force upon another person when and to the extent that he or she reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he or she reasonably believes has committed a felony and who in fact has committed that felony.
(2) A private person is justified in using deadly physical force for the purpose only when he or she reasonably believes it necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force.
(f)(1) A person who uses force, including deadly physical force, as justified and permitted in this section, is immune from criminal prosecution for the use of such force, unless the force is determined to be unlawful under this section.
(2) A defendant shall be entitled to assert justification and immunity under this section before a trial by filing a written motion. Except for good cause shown, the defendant shall file any motion made pursuant to this subdivision at the same time as any motion the defendant makes pursuant to Section 13A-3-23(d)(2).
(3) Prior to the commencement of a trial, and within 45 days after the defendant’s motion is filed, the court having jurisdiction over the case shall conduct a pretrial hearing to determine whether force, including deadly force, used by the defendant was justified or was unlawful under this section. To the extent practicable, the court shall set the hearing on the same calendar day as any pretrial hearing conducted pursuant to Section 13A-3-23(d)(2). During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.
(4) Prior to the commencement of a trial, and within 45 days after a pretrial hearing conducted under subdivision (3), the court shall enter a written order setting forth reasons why the defendant either possesses or lacks immunity from criminal prosecution under this section. To the extent practicable, the court shall issue the written order at the same time as any order issued pursuant to Section 13A-3-23(d)(3). If the court concludes that the defendant has proven by a preponderance of the evidence that the force he or she used, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution under this section and dismiss the criminal charges.
(5) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue justification and immunity under this section as a defense at trial. Once the issue of justification and immunity under this section has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
(g)(1) A court order improperly denying immunity under this section, entered after the pretrial hearing provided under subsection (f), shall entitle the defendant to mandamus relief from the Alabama Supreme Court. Any petition for a writ of mandamus pursuant to this subsection shall be filed pursuant to the Alabama Rules of Appellate Procedure.
(2) The filing of a petition for a writ of mandamus pursuant to subdivision (1) shall automatically stay further proceedings in the trial court. The stay shall remain in effect while the mandamus petition remains pending.
(h) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (a), but the agency may not arrest the person for using force unless the agency determines that there is probable cause that the force used was unlawful under this section.
(i) No justification or immunity set forth in this section shall affect the legal standards applicable to a motion made in a criminal proceeding regarding the suppression for use as evidence of anything obtained through an allegedly unlawful search or seizure.
(Acts 1977, No. 607, p. 812, §630; Acts 1979, No. 79-599, p. 1060, §1; Act 2025-423, §3.)
A person may not use physical force to resist a lawful arrest by a law enforcement officer who is known or reasonably appears to be a law enforcement officer.
(Acts 1977, No. 607, p. 812, §635; Act 2025-423, §3.)
(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.)
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.)
(a)(1) A person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a crime, he or she solicits, requests, commands or importunes another person to engage in such conduct.
(2) 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 or her criminal intent, he or she (1) notified the person solicited of his or her 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 or her 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 that is related to but separate from the offense solicited, the defendant is guilty of the 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 any of the following:
(1) Criminal irresponsibility or other legal incapacity or exemption.
(2) Unawareness of the criminal nature of the conduct solicited or of the defendant’s criminal purpose.
(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 the defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that he or she 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 D felony if the offense solicited is a Class C felony.
(5) Class A misdemeanor if the offense solicited is a Class D felony.
(6) Class B misdemeanor if the offense solicited is a Class A misdemeanor.
(7) Class C misdemeanor if the offense solicited is a Class B misdemeanor.
(8) Violation if the offense solicited is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1001; Act 2023-461, §1.)
(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he or she does any overt act towards the commission of the 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 the 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 or she avoided the commission of the offense attempted by abandoning his or her criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps that 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 D felony if the offense attempted is a Class C felony.
(5) Class A misdemeanor if the offense attempted is a Class D felony.
(6) Class B misdemeanor if the offense attempted is a Class A misdemeanor.
(7) Class C misdemeanor if the offense attempted is a Class B misdemeanor.
(8) Violation if the offense attempted is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1005; Act 2023-461, §1.)
(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he or she agrees with one or more persons to engage in or cause the performance of the conduct, and any one or more of the 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 or she agrees has in turn agreed or will agree with another to effect the same criminal objective, he or she shall be deemed to have agreed with the other person, whether or not he or she 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 or she 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) None of the following is a defense to a prosecution for criminal conspiracy:
(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.
(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.
(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 or she 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 D felony if an object of the conspiracy is a Class C felony.
(5) Class A misdemeanor if an object of the conspiracy is a Class D felony.
(6) Class B misdemeanor if an object of the conspiracy is a Class A misdemeanor.
(7) Class C misdemeanor if an object of the conspiracy is a Class B misdemeanor.
(8) Violation if an object of the conspiracy is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1015; Act 2023-461, §1.)
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.)
(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.)
(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.)
(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.)
(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.)
(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.)
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.)
(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 two years.
(3) For a Class C felony, not more than 10 years or less than one year and one day.
(4) For a Class D felony, not more than five years or less than one year and one day.
(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 otherwise 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 otherwise 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; Act 2023-461, §1.)
(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.)
The place of imprisonment for sentences imposed in this state shall be as established elsewhere by law.
(Acts 1977, No. 607, p. 812, §1232.)
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.)
AMENDED BY ACT 2026-496, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(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.)
[Repealed]
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.)
(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.)
(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.)
(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.)
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000;
(2) For a Class B misdemeanor, not more than $3,000;
(3) For a Class C misdemeanor, not more than $500; or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(c) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.
(d) The court may conduct a hearing upon the issue of defendant’s gain or the victim’s loss from the crime according to procedures established by rule of court.
(Acts 1977, No. 607, p. 812, §1245; Acts 1979, No. 79-471, p. 862, §1; Act 2006-197, p. 284, §1.)
[Repealed]
Repealed by Act 2011-680, p. 2004, §2, effective June 14, 2011.
(Act 2003-355, p. 962, §2.)
(a) The Legislature finds and declares the following:
(1) It is the right of every person, regardless of race, color, religion, national origin, ethnicity, or physical or mental disability, to be secure and protected from threats of reasonable fear, intimidation, harassment, and physical harm caused by activities of groups and individuals.
(2) It is not the intent, by enactment of this section, to interfere with the exercise of rights protected by the Constitution of the State of Alabama or the United States.
(3) The intentional advocacy of unlawful acts by groups or individuals against other persons or groups and bodily injury or death to persons is not constitutionally protected when violence or civil disorder is imminent, and poses a threat to public order and safety, and such conduct should be subjected to criminal sanctions.
(b) The purpose of this section is to impose additional penalties where it is shown that a perpetrator committing the underlying offense was motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability.
(c) A person who has been found guilty of a crime, the commission of which was shown beyond a reasonable doubt to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, shall be punished as follows:
(1) Felonies:
a. On conviction of a Class A felony that was found to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than 15 years.
b. On conviction of a Class B felony that was found to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than 10 years.
c. On conviction of a Class C felony that was found to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than two years.
d. On conviction of a Class D felony that was found to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than 18 months.
e. For purposes of this subdivision, a criminal defendant who has been previously convicted of any felony and receives an enhanced sentence pursuant to this section is also subject to enhanced punishment under the Alabama Habitual Felony Offender Act, Section 13A-5-9.
(2) Misdemeanors:
On conviction of a misdemeanor which was found beyond a reasonable doubt to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the defendant shall be sentenced for a Class A misdemeanor, except that the defendant shall be sentenced to a minimum of three months.
(Acts 1994, No. 94-581, §§1-3; Act 2015-185, §2.)
(a) A person who has been found guilty of a crime, the commission of which was shown beyond a reasonable doubt to have been motivated by the victim’s actual or perceived role as an election official, shall be punished as follows:
(1) On conviction of a Class A felony, the sentence shall not be less than 15 years.
(2) On conviction of a Class B felony, the sentence shall not be less than 10 years.
(3) On conviction of a Class C felony, the sentence shall not be less than two years.
(4) On conviction of a Class D felony, the sentence shall not be less than 18 months.
(5) On conviction of any misdemeanor, the defendant shall be sentenced for a Class A misdemeanor and shall be sentenced to a minimum of three months.
(b) For purposes of subsection (a), a defendant who has been previously convicted of any felony and receives an enhanced sentence pursuant to this section is also subject to enhanced punishment under the Alabama Habitual Felony Offender Act, Section 13A-5-9.
(c) For purposes of this section, an “election official” is any absentee election manager, clerk, inspector, poll worker, registrar, judge of probate or his or her employee, or the Secretary of State or his or her employee.
(Act 2024-341, §1.)
As used in this article, these terms shall be defined as follows:
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article.
(2) DURING. The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2) and (3).
(4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).
(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).
(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL ACTIVITY. As used in Sections 13A-5-49(2) and 13A-5-51(1), these terms refer to events occurring before the date of the sentence hearing.
(7) UNDER SENTENCE OF IMPRISONMENT. As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence.
(Acts 1981, No. 81-178, p. 203, §1; Act 2016-360, §1.)
AMENDED BY ACT 2026-55 , EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The following are capital offenses:
(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.
(3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.
(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.
(6) Murder committed while the defendant is under sentence of life imprisonment.
(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.
(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.
(9) Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.
(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.
(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of the aircraft or any passenger or crewmen thereon, to direct the route or movement of the aircraft, or otherwise exert control over the aircraft.
(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b); and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.
(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.
(15) Murder when the victim is less than fourteen years of age.
(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.
(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.
(19) Murder by the defendant where a court had issued a protective order for the victim, against the defendant, pursuant to Section 30-5-1 et seq., or the protective order was issued as a condition of the defendant’s pretrial release.
(20) Murder by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For purposes of this subsection, “in the presence of a child” means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.
(21) Murder when the victim is a first responder who is operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health and firefighters and volunteer firefighters as defined by Section 36-32-1.
(b) Except as specifically provided to the contrary in the last part of subdivision (a)(13), the terms “murder” and “murder by the defendant” as used in this section to define capital offenses mean murder as defined in Section 13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and (3). Subject to the provisions of Section 13A-5-41, murder as defined in Section 13A-6-2(a)(2) and (3), as well as murder as defined in Section 13A-6-2(a)(1), may be a lesser included offense of the capital offenses defined in subsection (a).
(c) A defendant who does not personally commit the act of killing which constitutes the murder is not guilty of a capital offense defined in subsection (a) unless that defendant is legally accountable for the murder because of complicity in the murder itself under the provisions of Section 13A-2-23, in addition to being guilty of the other elements of the capital offense as defined in subsection (a).
(d) To the extent that a crime other than murder is an element of a capital offense defined in subsection (a), a defendant’s guilt of that other crime may also be established under Section 13A-2-23. When the defendant’s guilt of that other crime is established under Section 13A-2-23, that crime shall be deemed to have been “committed by the defendant” within the meaning of that phrase as it is used in subsection (a).
(Acts 1981, No. 81-178, p. 203, §2; Acts 1982, No. 82-567, p. 945, §1; Acts 1987, No. 87-709, p. 1252, §3; Acts 1992, No. 92-601, p. 1247, §1; Acts 1994, No. 94-649, §1; Act 2014-435, p. 1610, §2; Act 2018-537, §2; Act 2019-514, §2.)
Subject to the provisions of Section 13A-1-9(b), the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a) not guilty of the capital offense but guilty of a lesser included offense or offenses. Lesser included offenses shall be defined as provided in Section 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in Section 13A-6-2(a), and the accompanying other felony, if any, in the provision of Section 13A-5-40(a) upon which the indictment is based.
(Acts 1981, No. 81-178, p. 203, §3; Acts 1982, No. 82-567, p. 945, §1.)
A defendant who is indicted for a capital offense may plead guilty to it, but the state, only in cases where the death penalty is to be imposed, must prove the defendant’s guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).
(Acts 1981, No. 81-178, p. 203, §4; Act 2013-354, p. 1267, §1.)
(a) In the trial of a capital offense the jury shall first hear all the admissible evidence offered on the charge or charges against the defendant. It shall then determine whether the defendant is guilty of the capital offense or offenses with which he is charged or of any lesser included offense or offenses considered pursuant to Section 13A-5-41.
(b) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41, the defendant shall be discharged.
(c) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and is found guilty of a lesser included offense or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed as provided by law.
(d) If the defendant is found guilty of a capital offense or offenses with which he is charged and the defendant does not establish to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses with which he or she is found guilty, the sentence shall be determined as provided in Sections 13A-5-45 through 13A-5-53.
(e) If the defendant is found guilty of a capital offense or offenses with which he or she is charged and the defendant establishes to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses, the sentence shall be either life without the possibility of parole or, in the alternative, life, and the sentence shall be determined by the procedures set forth in the Alabama Rules of Criminal Procedure for judicially imposing sentences within the range set by statute without a jury, rather than as provided in Sections 13A-5-45 to 13A-5-53, inclusive. The judge shall consider all relevant mitigating circumstances.
If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.
(Acts 1981, No. 81-178, p. 203, §5; Act 2016-360, §1.)
Notwithstanding any other provision of law, if a defendant is found guilty of any non-homicide crime for which the only sentence provided by law is life imprisonment without the possibility of parole and that defendant proves by a preponderance of the evidence that he or she was under the age of 18 years at the time of the offense, the sentence shall be life imprisonment.
(Act 2016-360, §2.)
Act 2016-360 shall apply to any person under the age of 18 years at the time an offense was committed who was sentenced to life without the possibility of parole under Section 13A-5-2, 13A-5-39, 13A-5-43, or 13A-6-2, whether the person is currently incarcerated or hereinafter convicted.
(Act 2016-360, §3.)
(a) The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen according to procedures specified by law or court rule.
(b) The separation of the jury during the pendency of the trial of a capital case shall be governed by applicable law or court rule.
(c) Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided, however, before any such waiver is valid, it must affirmatively appear in the record that the defendant himself has freely waived his right to the participation of a jury in the sentence proceeding, after having been expressly informed of such right.
(Acts 1981, No. 81-178, p. 203, §6.)
(a) Upon conviction of a defendant for a capital offense, the trial court shall conduct a separate sentence hearing to determine whether the defendant shall be sentenced to life imprisonment without parole or to death. The sentence hearing shall be conducted as soon as practicable after the defendant is convicted. Provided, however, if the sentence hearing is to be conducted before the trial judge without a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere in this article, the trial court with the consent of both parties may delay the sentence hearing until it has received the pre-sentence investigation report specified in Section 13A-5-47(b). Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation report.
(b) The state and the defendant shall be allowed to make opening statements and closing arguments at the sentence hearing. The order of those statements and arguments and the order of presentation of the evidence shall be the same as at trial.
(c) At the sentence hearing evidence may be presented as to any matter that the court deems relevant to sentence and shall include any matters relating to the aggravating and mitigating circumstances referred to in Sections 13A-5-49, 13A-5-51, and 13A-5-52. Evidence presented at the trial of the case may be considered insofar as it is relevant to the aggravating and mitigating circumstances without the necessity of re-introducing that evidence at the sentence hearing, unless the sentence hearing is conducted before a trial judge other than the one before whom the defendant was tried or a jury other than the trial jury before which the defendant was tried.
(d) Any evidence which has probative value and is relevant to sentence shall be received at the sentence hearing regardless of its admissibility under the exclusionary rules of evidence, provided that the defendant is accorded a fair opportunity to rebut any hearsay statements. This subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of Alabama.
(e) At the sentence hearing the state shall have the burden of proving beyond a reasonable doubt the existence of any aggravating circumstances. Provided, however, any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentence hearing.
(f) Unless at least one aggravating circumstance as defined in Section 13A-5-49 exists, the sentence shall be life imprisonment without parole.
(g) The defendant shall be allowed to offer any mitigating circumstance defined in Sections 13A-5-51 and 13A-5-52. When the factual existence of an offered mitigating circumstance is in dispute, the defendant shall have the burden of interjecting the issue, but once it is interjected the state shall have the burden of disproving the factual existence of that circumstance by a preponderance of the evidence.
(Acts 1981, No. 81-178, p. 203, §7; Act 2017-131, §1.)
(a) Unless both parties with the consent of the court waive the right to have the sentence hearing conducted before a jury as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return a verdict as provided by subsection (e) of this section. If both parties with the consent of the court waive the right to have the hearing conducted before a jury, the trial judge shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted before that same jury unless it is impossible or impracticable to do so. If it is impossible or impracticable for the trial jury to sit at the sentence hearing, or if the case on appeal is remanded for a new sentence hearing before a jury, a new jury shall be impanelled to sit at the sentence hearing. The selection of that jury shall be according to the laws and rules governing the selection of a jury for the trial of a capital case.
(c) The separation of the jury during the pendency of the sentence hearing, and if the sentence hearing is before the same jury which convicted the defendant, the separation of the jury during the time between the guilty verdict and the beginning of the sentence hearing, shall be governed by the law and court rules applicable to the separation of the jury during the trial of a capital case.
(d) After hearing the evidence and the arguments of both parties at the sentence hearing, the jury shall be instructed on its function and on the relevant law by the trial judge. The jury shall then retire to deliberate concerning the verdict it is to return.
(e) After deliberation, the jury shall return a verdict as follows:
(1) If the jury determines that no aggravating circumstances as defined in Section 13A-5-49 exist, it shall return a verdict of life imprisonment without parole;
(2) If the jury determines that one or more aggravating circumstances as defined in Section 13A-5-49 exist but do not outweigh the mitigating circumstances, it shall return a verdict of life imprisonment without parole;
(3) If the jury determines that one or more aggravating circumstances as defined in Section 13A-5-49 exist and that they outweigh the mitigating circumstances, if any, it shall return a verdict of death.
(f) The decision of the jury to return a verdict recommending a sentence of life imprisonment without parole must be based on a vote of a majority of the jurors. The decision of the jury to recommend a sentence of death must be based on a vote of at least 10 jurors. The verdict of the jury must be in writing and must specify the vote.
(g) If the jury is unable to reach a verdict recommending a sentence, or for other manifest necessity, the trial court may declare a mistrial of the sentence hearing. Such a mistrial shall not affect the conviction. After such a mistrial or mistrials another sentence hearing shall be conducted before another jury, selected according to the laws and rules governing the selection of a jury for the trial of a capital case. Provided, however, that, subject to the provisions of Section 13A-5-44(c), after one or more mistrials both parties with the consent of the court may waive the right to have a verdict from a jury, in which event the issue of sentence shall be submitted to the trial court without a recommendation from a jury.
(Acts 1981, No. 81-178, p. 203, §8; Act 2017-131, §1.)
(a) After the sentence hearing has been conducted, and after the jury has returned a verdict, or after such a verdict has been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall impose sentence. Where the jury has returned a verdict of death, the court shall sentence the defendant to death. Where a sentence of death is not returned by the jury, the court shall sentence the defendant to life imprisonment without parole. This code section shall not affect a trial court’s power to sentence in accordance with a guilty plea.
(b) Where the sentencing jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall permit the parties to present arguments concerning the existence of aggravating and mitigating circumstances and the proper sentence to be imposed in the case. The order of the arguments shall be the same as at the trial of a case. The trial court, based upon evidence presented at trial and the evidence presented during the sentence hearing and any evidence submitted in connection with it, shall enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in Section 13A-5-49, each mitigating circumstance enumerated in Section 13A-5-51, and any additional mitigating circumstances offered pursuant to Section 13A-5-52. The trial court shall also enter written findings of facts summarizing the crime and the defendant’s participation in it. In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist.
(Acts 1981, No. 81-178, p. 203, §9; Act 2017-131, §1.)
Sections 13A-5-45, 13A-5-46, and 13A-5-47 shall apply to any defendant who is charged with capital murder after April 11, 2017, and shall not apply retroactively to any defendant who has previously been convicted of capital murder and sentenced to death prior to April 11, 2017.
(Act 2017-131, §2.)
The process described in Sections 13A-5-46(e)(2), 13A-5- 46(e)(3) and Section 13A-5-47(e) of weighing the aggravating and mitigating circumstances to determine the sentence shall not be defined to mean a mere tallying of aggravating and mitigating circumstances for the purpose of numerical comparison. Instead, it shall be defined to mean a process by which circumstances relevant to sentence are marshalled and considered in an organized fashion for the purpose of determining whether the proper sentence in view of all the relevant circumstances in an individual case is life imprisonment without parole or death.
(Acts 1981, No. 81-178, p. 203, §10.)
Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment.
(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person.
(3) The defendant knowingly created a great risk of death to many persons.
(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary, or kidnapping.
(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(6) The capital offense was committed for pecuniary gain.
(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses.
(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct.
(10) The capital offense was one of a series of intentional killings committed by the defendant.
(11) The capital offense was committed when the victim was less than 14 years of age.
(12) The capital offense was committed by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For the purposes of this subdivision, “in the presence of a child” means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.
(13) The victim of the capital offense was any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard was on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.
(14) The victim of the capital offense was a first responder who was operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health, as well as firefighters and volunteer firefighters as defined by Section 36-32-1.
(Acts 1981, No. 81-178, p. 203, §11; Acts 1982, No. 82-567, p. 945, §1; Act 99-403, p. 683, §1; Act 2018-537, §2; Act 2019-514, §2.)
The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed to preclude the finding and consideration of that relevant circumstance or circumstances in determining sentence. By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of subsection (a) of Section 13A-5-40.
(Acts 1981, No. 81-178, p. 203, §12; Acts 1982, No. 82-567, p. 945, §1.)
Mitigating circumstances shall include, but not be limited to. the following:
(1) The defendant has no significant history of prior criminal activity;
(2) The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance;
(3) The victim was a participant in the defendant’s conduct or consented to it;
(4) The defendant was an accomplice in the capital offense committed by another person and his participation was relatively minor;
(5) The defendant acted under extreme duress or under the substantial domination of another person;
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; and
(7) The age of the defendant at the time of the crime.
(Acts 1981, No. 81-178, §13.)
In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant’s character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death.
(Acts 1981, No. 81-178, §14.)
(a) In any case in which the death penalty is imposed, in addition to reviewing the case for any error involving the conviction, the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall also review the propriety of the death sentence. This review shall include the determination of whether any error adversely affecting the rights of the defendant was made in the sentence proceedings, whether the trial court’s findings concerning the aggravating and mitigating circumstances were supported by the evidence, and whether death was the proper sentence in the case. If the court determines that an error adversely affecting the rights of the defendant was made in the sentence proceedings or that one or more of the trial court’s findings concerning aggravating and mitigating circumstances were not supported by the evidence, it shall remand the case for new proceedings to the extent necessary to correct the error or errors. If the appellate court finds that no error adversely affecting the rights of the defendant was made in the sentence proceedings and that the trial court’s findings concerning aggravating and mitigating circumstances were supported by the evidence, it shall proceed to review the propriety of the decision that death was the proper sentence.
(b) In determining whether death was the proper sentence in the case the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall determine:
(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
(2) Whether an independent weighing of the aggravating and mitigating circumstances at the appellate level indicates that death was the proper sentence; and
(3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
(c) The Court of Criminal Appeals shall explicitly address each of the three questions specified in subsection (b) of this section in every case it reviews in which a sentence of death has been imposed.
(d) After performing the review specified in this section, the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall be authorized to:
(1) Affirm the sentence of death;
(2) Set the sentence of death aside and remand to the trial court for correction of any errors occurring during the sentence proceedings and for imposition of the appropriate penalty after any new sentence proceedings that are necessary, provided that such errors shall not affect the determination of guilt and shall not preclude the imposition of a sentence of death where it is determined to be proper after any new sentence proceedings that are deemed necessary; or
(3) In cases in which the death penalty is deemed inappropriate under subdivision (b)(2) or (b)(3) of this section, set the sentence of death aside and remand to the trial court with directions that the defendant be sentenced to life imprisonment without parole.
(Acts 1981, No. 81-178, §15.)
(a) Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of capital murder and sentenced to death, and files a petition for post-conviction relief under the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal of a case in which the death penalty was imposed. In all cases where the defendant is deemed indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry of the order pronouncing the defendant’s death sentence, shall appoint the defendant a separate counsel for the purposes of post-conviction relief under this section. Appointed counsel shall be compensated pursuant to Chapter 12 of Title 15; provided, however, that notwithstanding any provision of that chapter to the contrary, the total fee awarded shall not exceed seventy-five hundred dollars ($7,500), which may be waived by the Director of the Office of Indigent Defense Services for good cause shown.
(c) A circuit court shall not entertain a petition for post-conviction relief from a case in which the death penalty was imposed on the grounds specified in Rule 32.1(a) of the Alabama Rules of Criminal Procedure unless the petition, including any amendments to the petition, is filed within 365 days of the filing of the appellant defendant’s first brief on direct appeal of a case in which the death penalty was imposed pursuant to the Alabama Rules of Appellate Procedure.
(d) A circuit court, before the filing date applicable to the defendant under subsection (c), for good cause shown and after notice and an opportunity to be heard from the Attorney General, or other attorney representing the State of Alabama, may grant one 90-day extension that begins on the filing date applicable to the defendant under subsection (c).
(e) Within 90 days of the filing of the state’s answer to a properly filed petition for post-conviction relief, the circuit court shall issue an order setting forth those claims in the petition that should be summarily dismissed and those claims, if any, that should be set for an evidentiary hearing. If the properly filed petition for post-conviction relief is still pending at the time of the issuance of the certificate of judgment on direct appeal, the court in which the petition is pending shall issue a final order on the petition or appeal within 180 days.
(f) If post-conviction counsel files an untimely petition or fails to file a petition before the filing date applicable under this section, the circuit court shall direct post-conviction counsel to show good cause demonstrating extraordinary circumstances as to why the petition was not properly filed. After post-conviction counsel’s response, the circuit court may do any of the following:
(1) Find that good cause has been shown and permit counsel to continue representing the defendant and set a new filing deadline for the petition, which may not be more than 30 days from the date the court permits counsel to continue representation.
(2) Find that good cause has not been shown and dismiss any untimely filed petition.
(3) Appoint new and different counsel to represent the defendant and establish a new filing deadline for the petition, which may not be more than 270 days after the date the circuit court appoints new counsel. In the instance that this subdivision is applicable and new counsel is appointed, the circuit court in which the petition is pending shall issue a final order on the petition or appeal within 180 days of the filing of the petition.
(g) The time for filing a petition for post-conviction relief under Rule 32.1(f) in a case in which the death penalty was imposed shall be six months from the date the petitioner discovers the dismissal or denial, irrespective of the deadlines specified in this section. This provision shall not extend the deadline of a previously filed petition under Rule 32.1 of the Alabama Rules of Criminal Procedure.
(h) Any petition for post-conviction relief filed pursuant to this section after the filing date that is applicable to the defendant under this section is untimely. Rule 32.7(b) of the Alabama Rules of Criminal Procedure shall not apply to any amendments to a petition for post-conviction relief filed pursuant to this section after the filing date that is applicable to the defendant under this section. Any amendments to a petition for post-conviction relief filed pursuant to this section filed after the filing date that is applicable to the defendant under this section shall be treated as a successive petition under Rule 32.2(b) of the Alabama Rules of Criminal Procedure.
(i) The circuit court shall not entertain a petition in a case in which the death penalty has been imposed based on the grounds specified in Rule 32.1(e) of the Alabama Rules of Criminal Procedure unless the petition for post-conviction relief is filed within the time period specified in subsection (c) or (d), or within six months after the discovery of the newly discovered material facts, whichever is later.
(j) This section shall apply to any defendant who is sentenced to death after August 1, 2017.
(Act 2017-417, §§2, 3.)
Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided with court appointed counsel having no less than five years’ prior experience in the active practice of criminal law.
(Acts 1981, No. 81-178, §16.)
In all cases in which a defendant is sentenced to death, the judgment of conviction shall be subject to automatic review. The sentence of death shall be subject to review as provided in Section 13A-5-53.
(Acts 1981, No. 81-178, §17.)
The Alabama Supreme Court shall promulgate pattern indictment forms for use in cases in which indictments charging offenses defined in Section 13A-5-40(a) are thereafter returned. The Alabama Supreme Court shall also promulgate pattern verdict forms and pattern jury instructions for the trial and sentencing aspects of cases tried thereafter under this article, insofar as such verdicts and instructions relate to the particularities of cases tried under this article.
(Acts 1981, No. 81-178, §18.)
(a) This article applies only to conduct occurring after 12:01 A.M. on July 1, 1981. Conduct occurring before 12:01 A.M. on July 1, 1981 shall be governed by pre-existing law.
(b) Sections 13A-5-30 through 13A-5-38 are hereby repealed. All other laws or parts of laws in conflict with this article are hereby repealed. This repealer shall not affect the application of pre-existing law to conduct occurring before 12:01 A.M. on July 1, 1981.
(Acts 1981, No. 81-178, p. 203, §§19, 20.)
This article shall be interpreted, and if necessary reinterpreted, to be constitutional.
(Acts 1981, No. 81-178, §21.)
It is the intent of the Legislature that if the death penalty provisions of this article are declared unconstitutional and if the offensive provision or provisions cannot be reinterpreted so as to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that the defendants who have been sentenced to death under this article shall be re-sentenced to life imprisonment without parole. It is also the intent of the Legislature that in the event that the death penalty provisions of this article are declared unconstitutional and if they cannot be reinterpreted to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that defendants convicted thereafter for committing crimes specified in Section 13A-5-40(a) shall be sentenced to life imprisonment without parole.
(Acts 1981, No. 81-178, §23.)
(a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section:
(1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide.
(2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.
(3) PERSON. The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability.
(b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider.
Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this section.
Medical care or treatment includes, but is not limited to, ordering, dispensation or administration of prescribed medications and medical procedures.
(c) A victim of domestic violence or sexual assault may not be charged under Article 1 or Article 2 for the injury or death of an unborn child caused by a crime of domestic violence or rape perpetrated upon her.
(d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child.
(e) Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this section shall be construed to make an abortion legal which is not otherwise authorized by law.
(Acts 1977, No. 607, p. 812, §2001; Act 2006-419, p. 1042, §§1, 2.)
(a) A person commits the crime of murder if he or she does any of the following:
(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.
(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.
(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.
(b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime.
(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances by a person 18 years of age or older, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto. The punishment for murder or any offense committed under aggravated circumstances by a person under the age of 18 years, as provided by Article 2 of Chapter 5, is either life imprisonment without parole, or life, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto and the applicable Alabama Rules of Criminal Procedure.
If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.
(Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1; Act 2016-29, §2; Act 2016-360, §1.)
AMENDED BY ACT 2026-64, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of manslaughter if he or she does any of the following:
(1) Recklessly causes the death of another person.
(2) Causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he or she causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.
(3)a. Knowingly sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of Section 13A-12-211, which contains fentanyl, any mixture containing fentanyl, any synthetic controlled substance fentanyl, or any synthetic controlled substance fentanyl analogue as described in Sections 20-2-23 and 20-2-25, and the person to whom the controlled substance is sold, furnished, given, delivered, or distributed dies as a proximate result of the use of the controlled substance; provided, nothing in this subdivision shall be construed to apply to a licensed physician engaged in the practice of medicine, a licensed pharmacist engaged in the practice of pharmacy, or a licensed dentist engaged in the practice of dentistry.
b. It is not a defense to this subdivision that the person who sold, furnished, gave away, delivered, or distributed the controlled substance had no knowledge that the controlled substance contained fentanyl, any mixture containing fentanyl, any synthetic controlled substance fentanyl, or any synthetic controlled substance fentanyl analogue as described in Section 20-2-23 and 20-2-25.
(b) Manslaughter is a Class B felony.
(Acts 1977, No. 607, p. 812, §2010; Acts 1987, No. 87-713, p. 1260; Act 2023-387, §1; Act 2024-103, §1.)
AMENDED BY ACT 2026-64, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence.
(b) The jury may consider statutes and ordinances regulating the actor’s conduct in determining whether the actor is culpably negligent under subsection (a).
(c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which the criminally negligent homicide is caused by the driver or operator of a vehicle or vessel who is driving or operating the vehicle or vessel in violation of Section 32-5A-191 or 32-5A-191.3; in these cases, criminally negligent homicide is a Class C felony.
(Acts 1977, No. 607, p. 812, §2015; Acts 1979, No. 79-664, p. 1163, §1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, §1; Act 2014-427, p. 1574, §1.)
(a) A person commits the crime of assault in the first degree if:
(1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or
(2) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of the body of another person, he or she causes such an injury to any person; or
(3) Under circumstances manifesting extreme indifference to the value of human life, he or she recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or
(4) In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, he or she causes a serious physical injury to another person; or
(5) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 or 32-5A-191.3, he or she causes serious physical injury to the person of another with a vehicle or vessel.
(b) Assault in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2101; Acts 1987, No. 87-712, p. 1259; Act 2014-427, p. 1574, §1.)
AMENDED BY ACT 2026-370, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of assault in the second degree if the person does any of the following:
(1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person.
(2) With intent to cause physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon or a dangerous instrument.
(3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
(4)a. With intent to prevent a peace officer, as defined in Section 36-21-60, a detention or correctional officer at any municipal or county jail or state penitentiary, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty, he or she intends to cause physical injury and he or she causes physical injury to any person.
b. For the purpose of this subdivision, a person who is a peace officer who is employed or under contract while off duty by a private or public entity is a peace officer performing a lawful duty when the person is working in his or her approved uniform while off duty with the approval of his or her employing law enforcement agency. Provided, however, that nothing contained in this subdivision shall be deemed or construed as amending, modifying, or extending the classification of a peace officer as off-duty for workers’ compensation purposes or any other benefits to which a peace officer may otherwise be entitled to under law when considered on-duty. Additionally, nothing contained in this subdivision shall be deemed or construed as amending, modifying, or extending the tort liability of any municipality as a result of any action or inaction on the part of an off-duty police officer.
(5) With intent to cause physical injury to a teacher or to an employee of a public educational institution during or as a result of the performance of his or her duty, he or she causes physical injury to any person.
(6) With intent to cause physical injury to a health care worker, including a nurse, physician, technician, or any other person employed by or practicing at a hospital as defined in Section 22-21-20; a county or district health department; a long-term care facility; a physician’s office, clinic, or outpatient treatment facility during the course of or as a result of the performance of the duties of the health care worker or other person employed by or practicing at the hospital; the county or district health department; any health care facility owned or operated by the State of Alabama; the long-term care facility; the physician’s office, clinic, or outpatient treatment facility; or a pharmacist, pharmacy technician, pharmacy intern, pharmacy extern, or pharmacy cashier; he or she causes physical injury to any person. This subdivision shall apply to assaults on home health care workers while they are in a private residence. This subdivision shall not apply to assaults by patients who are impaired by medication.
(7) For a purpose other than lawful medical or therapeutic treatment, he or she intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him or her, without his or her consent, a drug, substance or preparation capable of producing the intended harm.
(8) With intent to cause physical injury to a Department of Human Resources employee or any employee performing social work, as defined in Section 34-30-1, during or as a result of the performance of his or her duty, he or she causes physical injury to any person.
(9) With intent to cause physical injury to a letter carrier, as defined in Section 32-6-380, during or as a result of the performance of his or her duty, he or she causes physical injury to any person.
(b) Assault in the second degree is a Class C felony.
(c) For the purposes of this section, “utility worker” means any person who is employed by an entity that owns, operates, leases, or controls any plant, property, or facility for the generation, transmission, manufacture, production, supply, distribution, sale, storage, conveyance, delivery, or furnishing to or for the public of electricity, natural or manufactured gas, water, steam, sewage, or telephone service, including two or more utilities rendering joint service.
(Acts 1977, No. 607, p. 812, §2102; Acts 1994, 1st Ex. Sess., No. 94-794, §1; Acts 1996, No. 96-533, p. 744, §1; Act 2006-565, p. 1312, §1; Act 2009-586, p. 1722, §1; Act 2010-565, p. 1145, §1; Act 2011-550, p. 1015, §1; Act 2022-416, §1; Act 2024-91, §1.)
(a) A person commits the crime of assault in the third degree if:
(1) With intent to cause physical injury to another person, he causes physical injury to any person; or
(2) He recklessly causes physical injury to another person; or
(3) With criminal negligence he causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(4) With intent to prevent a peace officer from performing a lawful duty, he causes physical injury to any person.
(b) Assault in the third degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2103.)
(a) A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.
(b) Menacing is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §2110.)
AMENDED BY ACT 2026-401, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of reckless endangerment if he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
(b) Reckless endangerment is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2115.)
(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.
(b) Criminal coercion is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2125.)
(a) For purposes of this section, the term “streetgang” means any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, of three or more persons that, through its membership or through the agency of any member, engages in a course or pattern of criminal activity.
(b) A person who expressly or by implication threatens to do bodily harm or does bodily harm to a person, a family member or a friend of the person, or any other person, or uses any other unlawful criminal means to solicit or cause any person to join or remain in a streetgang is guilty of the crime of compelling streetgang membership.
(c) The crime of compelling streetgang membership is a Class C felony.
(d) Notwithstanding subsection (c), the crime of compelling streetgang membership is a Class A felony if the defendant is over the age of 18 years and the other person is under the age of 18 years.
(e) This section shall not be construed to repeal other criminal laws. Whenever conduct proscribed by this section is also proscribed by any other provision of law, the provision which carries the more serious penalty shall apply.
(Act 98-490, p. 942, §§1, 2.)
(a) The crime of criminal use of a defense spray is committed if the perpetrator uses a defense spray including, but not limited to pepper spray, foam and any other self-defense chemical spray against another person in the commission of a crime or against a law enforcement officer while the law enforcement officer is performing his or her official duties.
(b) Criminal use of a defense spray is a Class C felony.
(Act 98-488, p. 932, §1.)
(a) A person commits the crime of cross or the American flag burning if he or she, with the intent to intimidate any person or group of persons, burns, or causes to be burned, a cross or the American flag on the property of another, a highway, or other public place.
(b) As used in this section, “intent to intimidate” means the intent to place a person or a group of persons in fear of bodily harm.
(c) The crime of cross or the American flag burning is a Class C felony.
(Act 2003-338, p. 845, §1.)
(a) As used in this section, the following terms shall have the following meanings:
(1) MEDICALLY PRESCRIBED. In accordance with a physician’s prescription or in accordance with age-appropriate directions for the over-the-counter medication.
(2) NEAR FATALITY. An act that, as certified by a physician, places the child in serious or critical condition.
(b) There is established the crime of administration of medication by the owner, operator, or employee of a child care facility with the intent to drug the child or alter the child’s behavior beyond what is medically prescribed or with the reckless disregard for the health, safety, and welfare of the child.
(c) A violation of subsection (b) is punishable as follows:
(1) A violation which does not cause or contributes to the death, near fatality, dismemberment, or permanent disability of a child is a Class C felony.
(2) A violation which causes a near fatality, dismemberment, or permanent disability of a child is a Class B felony.
(3) A violation which causes the death of a child is a Class A felony.
(Act 2004-538, p. 1136, §1; Act 2018-278, §2.)
(a) A person commits the crime of chemical endangerment of a first responder if he or she knowingly, recklessly, or intentionally causes or permits a first responder, as defined in Section 11-98-1, or a coroner or a deputy coroner, to be exposed to, to ingest or inhale, or to have contact with a Schedule I controlled substance, as provided in Section 20-2-23, or chemical substance, as defined in Section 26-15-2, or a mixture or combination thereof while performing his or her duties.
(b) For the purposes of this section, in addition to the definition contained in Section 13A-1-2, “serious physical injury” includes ingestion, inhalation, or contact with fentanyl, any mixture containing fentanyl, any synthetic controlled substance fentanyl, and any synthetic controlled substance fentanyl analogue as described in Sections 20-2-23 and 20-2-25.
(c)(1) Chemical endangerment of a first responder that causes physical injury is a Class C felony.
(2) Chemical endangerment of a first responder that causes serious physical injury is a Class B felony.
(3) Chemical endangerment of a first responder that results in the death of the first responder is a Class A felony.
(Act 2023-486, §1.)
The following definitions apply in this article:
(1) RESTRAIN. To intentionally or knowingly restrict a person’s movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved. Restraint is “without consent” if it is accomplished by:
a. Physical force, intimidation or deception, or
b. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.
(2) ABDUCT. To restrain a person with intent to prevent his liberation by either:
a. Secreting or holding him in a place where he is not likely to be found, or
b. Using or threatening to use deadly physical force.
(3) RELATIVE. A parent or stepparent, ancestor, sibling, uncle or aunt or other lawful custodian, including an adoptive relative of the same degree through marriage or adoption.
(Acts 1977, No. 607, p. 812, §2201.)
(a) A person commits the crime of unlawful imprisonment in the first degree if he restrains another person under circumstances which expose the latter to a risk of serious physical injury.
(b) Unlawful imprisonment in the first degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2205.)
(a) A person commits the crime of unlawful imprisonment in the second degree if he restrains another person.
(b) A person does not commit a crime under this section if:
(1) The person restrained is a child less than 18 years old, and
(2) The actor is a relative of the child, and
(3) The actor’s sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) Unlawful imprisonment in the second degree is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §2206.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of kidnapping in the first degree if he abducts another person with intent to
(1) Hold him for ransom or reward; or
(2) Use him as a shield or hostage; or
(3) Accomplish or aid the commission of any felony or flight therefrom; or
(4) Inflict physical injury upon him, or to violate or abuse him sexually; or
(5) Terrorize him or a third person; or
(6) Interfere with the performance of any governmental or political function.
(b) A person does not commit the crime of kidnapping in the first degree if he voluntarily releases the victim alive, and not suffering from serious physical injury, in a safe place prior to apprehension. The burden of injecting the issue of voluntary safe release is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for or preclude a conviction of kidnapping in the second degree or any other crime.
(c) Kidnapping in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2210.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of kidnapping in the second degree if he abducts another person.
(b) A person does not commit a crime under this section if:
(1) The abduction is not coupled with intent to use or to threaten to use deadly force,
(2) The actor is a relative of the person abducted, and
(3) The actor’s sole purpose is to assume lawful control of that person.
The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Kidnapping in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2211.)
(a) A person commits the crime of interference with custody if he knowingly takes or entices:
(1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or
(2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. “Committed person” means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another’s custody by authority of law.
(b) A person does not commit a crime under this section if the actor’s sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) Interference with custody is a Class C felony.
(Acts 1977, No. 607, p. 812, §2215; Acts 1983, No. 83-571, p. 877.)
The following definitions apply in this article:
(1) FORCIBLE COMPULSION. Use or threatened use, whether express or implied, of physical force, violence, confinement, restraint, physical injury, or death to the threatened person or to another person. Factors to be considered in determining an implied threat include, but are not limited to, the respective ages and sizes of the victim and the accused; the respective mental and physical conditions of the victim and the accused; the atmosphere and physical setting in which the incident was alleged to have taken place; the extent to which the accused may have been in a position of authority, domination, or custodial control over the victim; or whether the victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following:
a. A person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct.
b. A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.
c. A person who is unable to give consent or who is unable to communicate an unwillingness to an act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.
(3) SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party. The term does not require skin to skin contact.
(4) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
(5) SODOMY. Any sexual act involving the genitals of one person and the mouth or anus of another person.
(Acts 1977, No. 607, p. 812, §2301; Acts 1988, No. 88-339, p. 515; Act 2019-465, §1.)
AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of rape in the first degree if he or she does any of the following:
(1) Engages in sexual intercourse with another person by forcible compulsion.
(2) Engages in sexual intercourse with another person who is incapable of consent by reason of being incapacitated.
(3) Being 16 years old or older, engages in sexual intercourse with another person who is less than 12 years old.
(b) Rape in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2310; Act 2000-726, p. 1557, §1; Act 2019-465, §1.)
(a) A person commits the crime of rape in the second degree if, being 16 years old or older, he or she engages in sexual intercourse with another person who is 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.
(b) Rape in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2311; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §2; Act 2000-726, p. 1557, §1; Act 2019-465, §1.)
AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of sodomy in the first degree if he or she does any of the following:
(1) Engages in sodomy with another person by forcible compulsion.
(2) Engages in sodomy with another person who is incapable of consent by reason of being incapacitated.
(3) Being 16 years old or older, engages in sodomy with a person who is less than 12 years old.
(b) Sodomy in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2315; Act 2019-465, §1.)
(a) A person commits the crime of sodomy in the second degree if, being 16 years old or older, he or she engages in sodomy with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.
(b) Sodomy in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2316; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §3; Act 2019-465, §1.)
(a) A person commits the crime of sexual misconduct if he or she does any of the following:
(1) Engages in sexual intercourse with another person without his or her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with consent where consent was obtained by the use of any fraud or artifice.
(2) Engages in sodomy with another person, without his or her consent, under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64; or with consent where consent was obtained by the use of fraud or artifice.
(3) Engages in sexual contact with another person without his or her consent under circumstances other than those under Sections 13A-6-66, 13A-6-67, and 13A-6-69.1; or with consent where consent was obtained by the use of fraud or artifice.
(b) Sexual misconduct is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2318; Act 2019-465, §1.)
AMENDED BY ACTS 2026-55 AND 2026-530, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of sexual torture if he or she does any of the following:
(1) Penetrates the vagina, anus, or mouth of another person with an inanimate object, by forcible compulsion, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
(2) Penetrates the vagina, anus, or mouth of a person who is incapable of consent by reason of being incapacitated, with an inanimate object, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
(3) Penetrates the vagina, anus, or mouth of a person who is less than 12 years old, with an inanimate object, by a person who is 16 years old or older with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
(4) By inflicting physical injury, including, but not limited to, burning, crushing, wounding, mutilating, or assaulting the sex organs or intimate parts of another person, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
(b) The crime of sexual torture is a Class A felony.
(Acts 1993, No. 93-606, §1; Act 2019-465, §1.)
(a) A person commits the crime of sexual abuse in the first degree if he or she does either of the following:
(1) Subjects another person to sexual contact by forcible compulsion.
(2) Subjects another person to sexual contact who is incapable of consent by reason of being incapacitated.
(b) Sexual abuse in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §2320; Act 2006-575, p. 1512, §2; Act 2019-465, §1.)
(a) A person commits the crime of sexual abuse in the second degree if he or she does either of the following:
(1) Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old.
(2) Being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
(b) Sexual abuse in the second degree is a Class A misdemeanor, except as provided in subsection (c), or if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.
(c) If a person violates subdivision (a)(2), and he or she is at least 15 years older than the victim, the offense shall be a Class C felony.
(Acts 1977, No. 607, p. 812, §2321; Act 2000-728, p. 1566, §1; Act 2019-465, §1; Act 2019-516, §1.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or herself, or of any person other than his or her spouse, he or she exposes his or her genitals under circumstances in which he or she knows the conduct is likely to cause affront or alarm.
(b) Indecent exposure is a Class A misdemeanor except a third or subsequent conviction shall be a Class C felony.
(Acts 1977, No. 607, p. 812, §2325; Act 2011-534, p. 887, §1; Act 2019-465, §1.)
(a) It shall be unlawful for any person with lascivious intent to entice, allure, persuade, or invite, or attempt to entice, allure, persuade, or invite, any child under 16 years of age to enter any vehicle, room, house, office, or other place for the purpose of proposing to such child the performance of an act of sexual intercourse or an act which constitutes the offense of sodomy or for the purpose of proposing the fondling or feeling of the sexual or genital parts of such child or the breast of such child, or for the purpose of committing an aggravated assault on such child, or for the purpose of proposing that such child fondle or feel the sexual or genital parts of such person.
(b) A violation of this section is a Class C felony.
(Acts 1967, No. 388, p. 976; Code 1975, §13-1-114; Act 2005-301, 1st Sp. Sess., §1.)
(a) A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact.
(b) Sexual abuse of a child less than 12 years old is a Class B felony.
(Act 2006-575, p. 1512, §1.)
(a) Unless otherwise stated, an element of every offense defined in this article is that the sexual act was committed without the consent of the victim.
(b) Lack of consent results from either of the following:
(1) Forcible compulsion.
(2) Being incapable of consent.
(c) A person is deemed incapable of consent if he or she is either:
(1) Less than 16 years old.
(2) Incapacitated.
(d) Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.
(Acts 1977, No. 607, p. 812, §2330; Act 2019-465, §1.)
(a) A person commits the crime of engaging in a sex act with a foster child if he or she is a foster parent and engages in sexual intercourse or sodomy, as defined by Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in a sex act with a foster child is a Class B felony.
(b) A person commits the crime of engaging in a sexual contact with a foster child if he or she is a foster parent and engages in a sexual contact, pursuant to Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in sexual contact with a foster child is a Class C felony.
(c) A person commits the crime of soliciting a sex act or sexual contact with a foster child if he or she is a foster parent and solicits, persuades, encourages, harasses, or entices a foster child under the age of 19 years to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a sex act or sexual contact with a foster child is a Class A misdemeanor.
(d) Consent is not a defense to a charge under subsections (a), (b), or (c).
(e) For the purposes of this section a foster parent is an individual approved or licensed by the Department of Human Resources or other child placing agencies who provides care and supervision to a foster child under the temporary or permanent custody of the department.
(Act 2016-354, p. 867, §4; Act 2019-465, §1.)
(a) For purposes of this article, school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, adult volunteer in a position of authority or any other school employee who has contact with a student in his or her official capacity as a school employee.
(b) For purposes of this article, a student is defined as any person under the age of 19 years enrolled or attending classes in a licensed or accredited public, private, or church school that offers instruction in grades K-12, regardless of whether school is in session.
(Act 2010-497, p. 766, §4; Act 2016-354, §2.)
(a) A person commits the crime of a school employee engaging in a sex act with a student under the age of 19 years or engaging in a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual intercourse or sodomy, as defined in Section 13A-6-60, with a student, or student protected person, regardless of whether the student or student protected person is male or female. Consent is not a defense to a charge under this section.
(b) The crime of a school employee engaging in a sex act with a student or student protected person is a Class B felony.
(Act 2010-497, p. 766, §1; Act 2016-354, p. 867, §2; Act 2019-465, §1; Act 2022-201, §3.)
(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years or having sexual contact with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6-60, with a student or student protected person, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student or student protected person is a Class C felony.
(b) A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years or soliciting a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student or student protected person to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a student or a student protected person to perform a sex act is a Class A misdemeanor.
(Act 2010-497, p. 766, §2; Act 2016-354, p. 867, §2; Act 2018-406, §1(b)(3); Act 2019-465, §1; Act 2022-201, §3.)
(a) It shall be unlawful for a school employee to do either of the following:
(1) Distribute or transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to a student.
(2) Solicit a student to transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to any person.
(b) A school employee distributing or soliciting obscene material to or from a student in violation of subsection (a) is guilty of a Class A misdemeanor.
(Act 2016-354, p. 867, §1; Act 2021-538, §1.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-140 EFFECTIVE FEBRUARY 27, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 2010-497, p. 766, §3.)
For the purposes of this article the following terms have the following meanings:
(1) CHILD. A person under 19 years of age or a protected person under 22 years of age, as defined in Section 15-25-1.
(2) CLERGY MEMBER. Any of the following in a position of trust or authority over the child: A duly ordained, licensed, or commissioned minister, pastor, priest, rabbi, or practitioner of any bona fide established church or religious organization or any person who regularly, as a vocation, devotes a substantial portion of his or her time and abilities to the service of his or her church or religious organization.
(Act 2024-189, §1.)
(a) It shall be unlawful for a clergy member to engage in sexual intercourse or sodomy, as defined in Section 13A-6-60, with the child. Consent is not a defense to a charge under this section.
(b) A violation of subsection (a) is a Class B felony.
(Act 2024-189, §1.)
(a)(1) It shall be unlawful for a clergy member to engage in sexual contact, as defined in Section 13A-6-60, with the child. Consent is not a defense to a charge under this section.
(2) A violation of subsection (a) is a Class C felony.
(b)(1) It shall be unlawful for a clergy member to solicit, persuade, encourage, harass, or entice a child to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined in Section 13A-6-60. Consent is not a defense to a charge under this section.
(2) A violation of subsection (b) is a Class C felony.
(Act 2024-189, §1.)
(a) It shall be unlawful for a clergy member to do either of the following:
(1) Distribute or transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to a child.
(2) Solicit a child to transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to any person.
(b) A violation of subsection (a) is Class C felony.
(Act 2024-189, §1.)
(a) A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.
(b) The crime of stalking in the first degree is a Class C felony.
(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §1; Act 2012-380, p. 1004, §2.)
AMENDED BY ACT 2026-535, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person’s immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.
(b) The crime of stalking in the second degree is a Class B misdemeanor.
(Act 2012-380, p. 1004, §3.)
(a) A person who violates the provisions of Section 13A-6-90(a) and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking in the first degree.
(b) The crime of aggravated stalking in the first degree is a Class B felony.
(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §2; Act 2012-380, p. 1004, §2.)
(a) A person who violates the provisions of Section 13A-6-90.1 and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking in the second degree.
(b) The crime of aggravated stalking in the second degree is a Class C felony.
(Act 2012-380, p. 1004, §3.)
As used in this article, the following terms have the following meanings:
(1) COURSE OF CONDUCT. A pattern of conduct composed of a series of acts over a period of time which evidences a continuity of purpose.
(2) CREDIBLE THREAT. A threat, expressed or implied, made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to fear for his or her safety or the safety of a family member and to cause reasonable mental anxiety, anguish, or fear.
(3) ELECTRONIC TRACKING DEVICE. An electronic or mechanical device that permits the tracking of the movement of a person or object.
(4) HARASSES. Engages in an intentional course of conduct directed at a specified person which alarms or annoys that person, or interferes with the freedom of movement of that person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. Constitutionally protected conduct is not included within the definition of this term.
(5) OWNER. An individual, other than the defendant, who has possession of or any other interest in the property involved and without whose consent the defendant has no authority to exert control over the property.
(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §3; Acts 1994, No. 94-305, §1; Act 2023-481, §1.)
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Acts 1992, 2nd Ex. Sess., No. 92-675, §4.)
This article shall be construed and, if necessary, reconstrued to sustain its constitutionality.
(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §5.)
(a) A person who, without the consent of the owner or except as otherwise authorized by law, places any electronic tracking device on the property of another person with the intent to surveil, stalk, or harass, or for any other unlawful purpose, is guilty of the crime of electronic stalking in the first degree.
(b)(1) Except as otherwise provided in subdivision (2), a violation of this section is a Class C felony.
(2) A person who violates this section and whose conduct violates an existing domestic violence protection order, elder abuse protection order, temporary restraining order, or any other court order, shall be guilty of a Class B felony.
(c) In any criminal proceeding brought pursuant to this section, the crime shall be considered to have been committed in all of the following:
(1) The county in which any part of the crime took place.
(2) The county where the electronic tracking device was discovered.
(3) The county of residence of the owner of the property.
(d) The statute of limitations shall begin at the time of the discovery of the electronic tracking device.
(Act 2023-481, §2.)
(a) A person who, without the consent of the owner or except as otherwise authorized by law, places any electronic tracking device on the property of another person is guilty of the crime of electronic stalking in the second degree.
(b) A violation of this section is a Class A misdemeanor.
(c) In any criminal proceeding brought pursuant to this section, the crime shall be considered to have been committed in all of the following:
(1) The county in which any part of the crime took place.
(2) The county where the electronic tracking device was discovered.
(3) The county of residence of the owner of the property.
(d) The statute of limitations shall begin at the time of the discovery of the electronic tracking device.
(Act 2023-481, §2.)
[Repealed]
Repealed by Act 2009-745, p. 2233, §9, effective May 22, 2009.
(Acts 1997, No. 97-486, p. 844, §1.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person is guilty of transmitting obscene material to a child if the person transmits, by means of any computer communication system allowing the input, output, examination, or transfer of computer programs from one computer to another, material which, in whole or in part, depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse, for the purpose of initiating or engaging in sexual acts with the child.
(b) For the purposes of this section, a “child” includes any person under 17 years of age.
(c) For purposes of determining jurisdiction, the offense is committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state.
(d) A person charged under this section shall be tried as an adult and the record of the proceeding shall not be sealed nor subject to expungement.
(e) Transmitting obscene material of engaging in sexual intercourse, sodomy, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his or her benefit to a child is a Class B felony.
(Acts 1997, No. 97-486, p. 844, §2; Act 2023-464, §1.)
No person shall be held to have violated this article solely for providing access or connection to or from a facility, system, or network not under the control of the person, including transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing access or connection that do not include the creation of the communication unless:
(1) The person is a conspirator with an entity actively involved in the creation of the obscene material.
(2) The person knowingly distributed a communication that violates this article.
(3) The person knowingly advertises the availability of the communication.
(4) The person knowingly provides access or connection to a facility, system, or network engaged in the violation of this article that is owned or controlled by the person.
(Acts 1997, No. 97-486, p. 844, §3.)
No employer shall be held liable under this article for the action of an employee or agent unless the conduct of the employee or agent is within the scope of his or her employment or agency and the employer having knowledge of the conduct, authorizes or ratifies the conduct or recklessly disregards the conduct.
(Acts 1997, No. 97-486, p. 844, §4.)
It shall not be a defense to prosecution under this article that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense.
(Act 2026-375, §2.)
For the purposes of this article, a child is defined as a person under 16 years of age.
(Act 2009-745, p. 2233, §1.)
A person who knowingly compiles, enters into, or transmits by use of computer or otherwise; makes, prints, publishes, or reproduces by computerized or other means; knowingly causes or allows to be entered into or transmitted by use of computer or otherwise; or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement of any child’s name, telephone number, place of residence, other geographical location, physical characteristics, or other descriptive or identifying information for the purpose of facilitating, encouraging, offering, or soliciting unlawful sexual conduct of or with any child, or the visual depiction of such conduct, is guilty of facilitating solicitation of unlawful sexual conduct with a child. Any person who violates this section commits a Class C felony.
(Act 2009-745, p. 2233, §2.)
A person who knowingly entices, induces, persuades, seduces, prevails, advises, coerces, lures, or orders, or attempts to entice, induce, persuade, seduce, prevail, advise, coerce, lure, or order, by means of a computer, on-line service, Internet service, Internet bulletin board service, weblog, cellular phone, video game system, personal data assistant, telephone, facsimile machine, camera, universal serial bus drive, writable compact disc, magnetic storage device, floppy disk, or any other electronic communication or storage device, a child who is at least three years younger than the defendant, or another person believed by the defendant to be a child at least three years younger than the defendant to meet with the defendant or any other person for the purpose of engaging in sexual intercourse, sodomy, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation, or directs a child to engage in sexual intercourse, sodomy, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation is guilty of electronic solicitation of a child. Any person who violates this section commits a Class B felony.
(Act 2009-745, p. 2233, §3; Act 2017-414, §5; Act 2019-465, §1.)
Any owner or operator of a computer on-line service, weblog, Internet service, or Internet bulletin board service, who knowingly aids and abets another person or who, with the purpose of facilitating or encouraging the on-line solicitation of the child, permits any person to use the service to commit a violation of this article is guilty of facilitating the on-line solicitation of a child. Any person who violates this section commits a Class B felony.
(Act 2009-745, p. 2233, §4.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
Any person who travels either within this state, to this state, or from this state by any means, who attempts to do so, or who knowingly causes another to do so or to attempt to do so for the purpose of engaging in any unlawful sex act with a child, including sexual intercourse, sodomy, a sexual performance, obscene sexual performance, or other sexual conduct for his or her benefit or for the benefit of another shall be guilty of traveling to meet a child for an unlawful sex act. Any person who violates this section commits a Class A felony. Notwithstanding any law to the contrary, a conviction under this section shall be considered a criminal sex offense under Section 15-20-21.
(Act 2009-745, p. 2233, §5.)
Any person who facilitates, arranges, provides, or pays for the transport of a child for the purposes of engaging in an unlawful sex act with a child, including sexual intercourse, sodomy, a sexual performance, obscene sexual performance, or other sexual conduct for his or her benefit or for the benefit of another shall be guilty of facilitating the transport of a child for an unlawful sex act. Any person who violates this section commits a Class A felony.
(Act 2009-745, p. 2233, §6.)
For purposes of determining jurisdiction of this article, the offense is committed in this state if any of the acts committed under Sections 13A-6-121, 13A-6-122, or 13A-6-123 either originate in or are received in this state. The purpose of this section is to confer jurisdiction upon the courts of this state to the maximum extent allowable under the Constitution of the United States of America and the Constitution of Alabama of 1901.
(Act 2009-745, p. 2233, §7.)
(a) It shall not be a defense to prosecution under this article:
(1) That an undercover operative or law enforcement officer was involved in the detection and investigation of an offense; or
(2) That a meeting as described in this article did not occur.
(b) An owner or operator of a computer on-line service, weblog, Internet service, or Internet bulletin board service shall not be liable for facilitating the on-line solicitation of a child for permitting an undercover operative or law enforcement officer to use an on-line service to detect and investigate unlawful activity related to the on-line solicitation of a child.
(Act 2009-745, p. 2233, §8.)
(a)(1) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
(2) For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(b) Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.
(c) The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following occurs:
(1) A defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.
(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.
(d) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.
(Act 2000-266, p. 411, §1; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2018-538, §1; Act 2019-252, §1; Act 2023-494, §1.)
(a)(1) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
(2) For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(b) Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.
(c) The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following applies:
(1) A defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the second degree.
(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.
(d) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.
(Act 2000-266, p. 411, §2; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2018-538, §1; Act 2019-252, §1; Act 2023-494, §1.)
(a)(1) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
(2) For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(b) Domestic violence in the third degree is a Class A misdemeanor. The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.
(d) A third or subsequent conviction under subsection (a) is a Class C felony.
(e) If the defendant has a previous conviction for domestic violence in the first degree pursuant to Section 13A-6-130, domestic violence in the second degree pursuant to Section 13A-6-131, domestic violence by strangulation or suffocation pursuant to Section 13A-6-138, or a domestic violence conviction or other substantially similar conviction from another state or jurisdiction, a conviction under subsection (a) is a Class C felony.
(f) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
(Act 2000-266, p. 411, §3; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-494, §1.)
For the purposes of an arrest without a warrant pursuant to Section 15-10-3, the crimes of domestic violence in the first, second, and third degrees, and domestic violence by strangulation or suffocation shall be an offense involving domestic violence. A warrantless arrest for an offense involving domestic violence made pursuant to subdivision (8) of subsection (a) of Section 15-10-3, shall include a charge of a crime of domestic violence under this article.
(Act 2000-266, p. 411, §4; Act 2011-581, p. 1273, §1.)
(a) If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, or if both parties have injuries, the officer shall evaluate each complaint separately to determine who was the predominant aggressor. If the officer determines that one person was the predominant physical aggressor, that person may be arrested; however, a person who acts in a reasonable manner to protect himself or herself or another family or household member from domestic violence may not be arrested for a violation of Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138. In determining whether a person is the predominant aggressor, the officer shall consider all of the following:
(1) Prior complaints of domestic violence.
(2) The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature.
(3) The likelihood of future injury to each person.
(4) Whether the person had reasonable cause to believe he or she was in imminent danger of becoming a victim of any act of domestic violence.
(5) Whether one of the persons acted in self-defense.
(b) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following:
(1) The specific consent or request of the victim.
(2) The officer’s perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.
(c)(1) In addition to victim information services required pursuant to Section 15-23-62, a law enforcement officer, at the time of initial investigation, shall give a victim of domestic violence notice of the legal rights and remedies available on a standard form developed and distributed by the Alabama State Law Enforcement Agency pursuant to subdivision (2).
(2) The agency shall develop a “Legal Rights and Remedies Notice to Victims” that includes a general summary of the provisions of the Protection From Abuse Act using language a layperson may understand and the statewide domestic violence hotline number, and shall distribute the notice to all law enforcement agencies throughout the state.
(d) A law enforcement officer is not liable in any civil action filed by any party for an arrest based on probable cause, enforcement of a court order, or service of process arising from an alleged incident of domestic violence, pursuant to Sections 36-1-12 and 6-5-338, as applicable.
(Act 2000-266, p. 411, §5; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
For the purposes of Chapter 5 of Title 30, the crimes of domestic violence in the first, second, and third degrees shall be included as acts, attempts, or threats of abuse as defined pursuant to Section 30-5-2.
(Act 2000-266, p. 411, §6.)
For the purposes of Article 6, Chapter 3 of Title 30, the definition of “domestic or family abuse” includes an incident of domestic violence in the first, second, or third degrees pursuant to this article.
(Act 2000-266, p. 411, §7.)
(a) A person commits the crime of interference with a domestic violence emergency call if he or she intentionally hinders, obstructs, disconnects, or in any way prevents the victim from calling for assistance.
(b) Interference with a domestic violence emergency call is a Class B misdemeanor.
(Act 2011-581, p. 1273, §2.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.
(2) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation.
(b) A person commits the crime of domestic violence by strangulation or suffocation if he or she commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.
(Act 2011-581, p. 1273, §3; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-494, §1.)
Notwithstanding any other provision of law, no court costs shall be assessed against any victim of domestic violence, stalking, or sexual assault in connection with the prosecution or warrant recall of a domestic violence, stalking, or sexual assault offense.
(Act 2011-581, p. 1273, §4.)
[Repealed]
Repealed by Act 2019-252, §2, effective May 23, 2019.
(Act 2015-493, §1.)
Each agency in the state that is involved with the enforcement, monitoring, or prosecution of crimes of domestic violence shall collect and maintain records of each domestic violence incident for access by investigators preparing for bond hearings and prosecutions for acts of domestic violence.
(Act 2015-493, §3.)
(a) This article shall be known as the Domestic Violence Protection Order Enforcement Act.
(b) The purpose of this article is to define the crime of violation of a domestic violence protection order.
(Acts 1993, No. 93-325, p. 495, §1; §30-5A-1; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) DOMESTIC VIOLENCE PROTECTION ORDER. A domestic violence protection order is any protection from abuse order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive. The term includes the following:
a. A restraining order, injunctive order, or order of release from custody which has been issued in a circuit, district, municipal, or juvenile court in a domestic relations or family violence case;
b. An order issued by municipal, district, or circuit court which places conditions on the pre-trial release on defendants in criminal cases, including provisions of bail pursuant to Section 15-13-190;
c. An order issued by another state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining or protection orders not issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.
(2) VIOLATION. The knowing commission of any act prohibited by a domestic violence protection order or any willful failure to abide by its terms.
(Acts 1993, No. 93-325, p. 495, §2; §30-5A-2; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)
AMENDED BY ACT 2026-532, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of violation of a domestic violence protection order if the person knowingly commits any act prohibited by a domestic violence protection order or willfully fails to abide by any term of a domestic violence protection order.
(b) A violation of a domestic violence protection order is a Class A misdemeanor which shall be punishable as provided by law. A second conviction for violation of a domestic violence protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may not be suspended. A third or subsequent conviction is a Class C felony.
(c) In addition to any other fine or penalty provided by law, the court shall order the defendant to pay an additional fine of fifty dollars ($50) for a violation of a domestic violence protection order to be distributed to the Domestic Violence Trust Fund, established by Section 30-6-11.
(Acts 1993, No. 93-325, p. 495, §3; Act 1996, No. 96-527, p. 684, §1; §30-5A-3; Act 2011-691, p. 2113, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
A law enforcement officer may arrest any person for the violation of this article if the officer has probable cause to believe that the person has violated any provision of a valid domestic violence protection order, whether temporary or permanent. The presentation of a domestic violence protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this article, the domestic violence protection order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the domestic violence protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence protection order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid domestic violence protection order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, a domestic violence protection order shall constitute prima facie evidence of the validity of the order.
If a law enforcement officer of this state determines that an otherwise valid domestic violence protection order cannot be enforced because the defendant has not been notified or served with the domestic violence protection order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order’s provisions before enforcing the order. In the event the law enforcement officer provides notice of the domestic violence protection order to the defendant, the officer shall document this fact in the written report.
(Acts 1993, No. 93-325, p. 495, §4, §30-5A-4; Act 2011-691, p. 2113, §1; Act 2015-493, §2.)
This article shall be known and may be cited as the Representatives Jack Williams and Merika Coleman Act.
(Act 2010-705, p. 1708, §1.)
As used in this article, the following terms shall have the following, or any combination of the following, meanings ascribed to them by this section:
(1) COERCION. Any of the following:
a. Causing or threatening to cause physical injury or mental suffering to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer physical injury, mental suffering, physical restraint, or confinement.
b. Implementing any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in physical injury, mental suffering, or physical restraint of any person.
c. Destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person’s or any person’s actual or purported government records, immigration documents, identifying information, or personal or real property.
d. Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal prosecution, criminal or immigration proceedings, hatred, contempt, or ridicule.
e. Threatening to report the person or another person to immigration officials or to other law enforcement officials or otherwise blackmailing or extorting the person or another person.
f. Use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person or another person to take some action or refrain from taking some action.
g. Controlling a person’s access to medications or a controlled substance, as the term is defined in Section 20-2-2.
h. Rape, sodomy, or any other sex offense pursuant to Section 15-20A-5, or attempted or threatened rape, sodomy, or any other sex offense pursuant to Section 15-20A-5 of any person.
(2) DECEPTION. Any of the following:
a. Creating or confirming an impression of any existing fact or past event which is false and which the accused knows or believes to be false.
b. Exerting financial control over the person or another person by placing the person or another person under the actor’s control as a security or payment of a debt, if the value of the services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined or the principal amount of the debt does not reasonably reflect the value of the items or services for which debt was incurred or by preventing a person from acquiring information pertinent to the disposition of the debt, referenced in this paragraph.
c. Promising benefits or the performance of services that the accused does not intend to be delivered. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this article.
d. Using any scheme, plan, or pattern, whether overt or subtle, intended to cause any person to believe that, if the person did not perform such labor, services, acts, or performances, the person or another person would suffer physical injury or mental suffering.
(3) LABOR SERVITUDE. Work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception.
(4) MENTAL SUFFERING. A high degree of mental pain or emotional disturbances, such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. It is more than mere disappointment, anger, resentment, wounded pride, or embarrassment and must be a direct result of the crime of human trafficking.
(5) MINOR. A person under the age of 19.
(6) PHYSICAL INJURY. Impairment of physical condition or substantial pain.
(7) SEXUAL CONDUCT. Any of the following acts:
a. Sexual Intercourse. This term shall have its ordinary meaning and occurs upon a penetration, however slight; emission is not required.
b. Sodomy. As defined under Section 13A-6-60.
c. Sexual Contact. As defined under Section 13A-6-60.
d. Sexual Torture. As defined under Section 13A-6-65.1.
e. Sexually Explicit Performances. An act or show intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, videotaped, or projected over the Internet.
f. Commercial Sex Acts. Any sex act on account of which anything of value is given, promised to, or received, directly or indirectly, by any person.
(8) SEXUAL SERVITUDE.
a. Except as provided in paragraph b., any sexual conduct for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception from a person.
b. If the sexual conduct is with a minor or with any person who is incapable of consent by reason of being incapacitated, as defined in Section 13A-6-60, no coercion or deception is required.
(9) TRAFFICKING VICTIM. Any person, including minors, subjected to labor servitude, sexual servitude, or involuntary servitude.
(Act 2010-705, p. 1708, §2; Act 2018-506, §1; Act 2022-435, §1.)
(a) A person commits the crime of human trafficking in the first degree if:
(1) He or she knowingly subjects another person to labor servitude or sexual servitude;
(2) He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude; or
(3) He or she knowingly gives, or attempts to give, monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor.
(b) For purposes of this section, it is not required that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability under this section.
(c) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person’s employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.
(d) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class A felony.
(e) Human trafficking in the first degree is a Class A felony. In any prosecution under this section where the defendant is nineteen years old or older and there is a minor trafficking victim, the court shall sentence the defendant to a minimum of life imprisonment.
(Act 2010-705, p. 1708, §3; Act 2018-385, §1; Act 2018-506, §1; Act 2024-87, §2.)
(a) A person commits the crime of human trafficking in the second degree if:
(1) He or she knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude.
(2) He or she knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude.
(3) He or she knowingly advertises, either online or in print, access to the sexual or labor servitude of another.
(b) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person’s employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.
(c) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class B felony.
(d) Human trafficking in the second degree is a Class B felony.
(Act 2010-705, p. 1708, §4; Act 2018-385, §1; Act 2025-368, §1.)
Evidence of the following facts or conditions shall not constitute a defense in a prosecution for human trafficking in the first or second degree, nor shall the evidence preclude a finding of a violation:
(1) A human trafficking victim’s sexual history or history of commercial sexual activity.
(2) A human trafficking victim’s connection by blood or marriage to a defendant in the case or to anyone involved in the victim’s trafficking.
(3) Consent of or permission by a victim of human trafficking or anyone else on the victim’s behalf to any commercial sex act or sexually explicit performance.
(4) Age of consent to sex, an act defined by paragraph b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age of marriage, or other discretionary age.
(5) Mistake as to the human trafficking victim’s age, even if the mistake is reasonable.
(Act 2010-705, p. 1708, §5.)
(a) A person or entity convicted of any violation of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial, or law enforcement entity, with the proceeds from property forfeited under Section 13A-6-156 applied first to payment of restitution. Restitution under this section shall include items covered under Article 4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and any of the following:
(1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court’s discretion.
(2) Costs of necessary transportation, temporary housing, and child care, at the court’s discretion.
(3) Cost of the investigation and prosecution, attorney’s fees, and other court-related costs such as victim advocate fees.
(4) The greater of a. the value of the human trafficking victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act; or b. the gross income or value to the defendant of the victim’s labor servitude or sexual servitude engaged in by the victim while in the human trafficking situation.
(5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair.
(6) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his or her associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(7) Any and all other losses suffered by the victim as a result of any violation of this article.
(b) For purposes of this section, the return of the victim to his or her home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution.
(Act 2010-705, p. 1708, §6.)
A person who commits the offense of human trafficking in the first degree or human trafficking in the second degree shall forfeit to the State of Alabama any profits or proceeds and any interest in property that he or she has acquired or maintained that the sentencing court determines to have been acquired or maintained as a result of committing human trafficking in the first degree or human trafficking in the second degree. Any assets seized shall first be used to pay restitution to trafficking victims and subsequently to pay any damages awarded to victims in a civil action. Any remaining assets shall go toward the cost of the investigation and prosecution and the remaining assets shall be remitted to funding the Alabama Crime Victims Compensation Fund.
(Act 2010-705, p. 1708, §7.)
(a) An individual who is a victim of human trafficking may bring a civil action in the appropriate state court.
(b) Venue for any action brought under this section shall be in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.
(c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious.
(d) The court shall award a prevailing plaintiff attorney’s fees and costs.
(e) Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the office of the Attorney General and, upon entry of any injunction, judgment, or decree in the action, shall mail a copy of the injunction, judgment, or decree to the office of the Attorney General.
(f) This section does not preclude any other remedy available to the victim under federal law or the laws of this state.
(Act 2010-705, p. 1708, §8; Act 2018-506, §1.)
(a) In addition to any other remedy under this article, if the Attorney General has reason to believe that any person, corporation, or any other legal entity is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this article, the Attorney General may bring an action in the name of the state in the appropriate state court against the person, corporation, or entity to restrain by temporary restraining order, or temporary or permanent injunction, the acts or practices.
(b) In addition to any other remedy under this article, the Attorney General may bring a civil action on behalf of the state in the appropriate state court to recover actual damages for victims of acts or practices performed in violation of this article.
(c) Venue for any action brought under this section is in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county.
(Act 2018-506, §2.)
(a)(1) Except as provided in subsection (c), an action for an offense defined by this article where the victim is not a minor shall be brought within five years from the date the victim was removed or escaped from the human trafficking situation.
(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until such time as the victim has reached the age of 19 years.
(3) The running of the statute of limitations shall be suspended where a person entitled to bring a claim of an offense defined by this article could not have reasonably discovered the crime due to circumstances resulting from the human trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.
(b) Any statute of limitation period imposed for the filing of a civil action under this article will not begin to run until the plaintiff discovers both that the sex trade act occurred and that the defendant caused, was responsible for, or profited from the sex trade act.
(1) If the plaintiff is a minor, then the limitation period will not commence running until he or she has reached the age of majority.
(2) If the plaintiff is under a disability at the time the cause of action accrues, so that it is impossible or impractical for him or her to bring an action, then the time of the disability is not part of the time limited for the commencement of the action. Disability includes, but is not limited to, insanity, imprisonment, or other incapacity or incompetence.
(3) If the plaintiff’s injury is caused by two or more acts that are part of a continuing series of sex trade acts by the same defendant, then the limitation period will not commence running until the last sex trade act in the continuing series occurs.
(4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, then the time when these acts occur will not be part of the time limited for the commencement of this action.
(c) There shall be no limitation period for civil actions brought under this article by the Attorney General.
(Act 2010-705, p. 1708, §9; Act 2018-506, §3.)
In a prosecution for prostitution, or a sexually explicit performance defined in this article, of a human trafficking victim for the victim’s illegal acts engaged in or performed as a result of labor servitude or sexual servitude, it shall be an affirmative defense that the person was a victim of human trafficking.
(Act 2010-705, p. 1708, §10.)
(a) District attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under this article and to perform any duty that necessarily appertains to this section.
(b) Each violation under this article shall constitute a separate offense.
(Act 2010-705, p. 1708, §11.)
Before the Attorney General commences any action under this article, the Attorney General may issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this article. The subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena, the Attorney General may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure.
(Act 2018-506, §4.)
(a) Any person, corporation, or other legal entity who engages in any act or practice that violates this article is liable for a civil penalty of up to fifty thousand dollars ($50,000) for each violation.
(b) Any person, corporation, or other legal entity who violates the terms of an injunction or order issued under this article shall forfeit and pay a civil penalty of not more than seventy-five thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose of this section, any court issuing an injunction or order under this article shall retain jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.
(c) Upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (b), and upon petition by the Attorney General, the circuit court of general jurisdiction of a county may order the dissolution or suspension or forfeiture of the franchise of any corporation, partnership, or sole proprietorship that willfully violates the terms of any injunction issued pursuant to this article.
(d) In any successful action brought by the Attorney General under this section, the court shall award the office of the Attorney General reasonable attorney’s fees and costs.
(e) All penalties recovered in actions brought under this section shall be deposited into the State Treasury to the credit of the Attorney General’s Special Revenue Account for the purpose of implementing and enforcing this article. Amounts deposited into the Special Revenue Account shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.
(Act 2018-506, §4.)
(a) Any violation of this article or any violation of Section 13A-12-111, 13A-12-112, 13A-12-113, 13A-12-121, or 13A-12-121.1, may only be prosecuted in circuit or district court.
(b) Notwithstanding any provision of law to the contrary, this section supersedes any law or ordinance that provides for the prosecution of the offenses included in subsection (a) in municipal court.
(Act 2018-506, §9.)
(a) All persons owning any establishment that requires a liquor license or alcoholic beverage license, and that does not also have a food or beverage permit, or both; any hotel that has been cited as a nuisance as defined in Sections 13A-12-110 to 13A-12-122, inclusive; any massage parlor where an employee has been cited with violating Section 45-13-41, or where the establishment has been cited as a nuisance as defined in Section 6-5-140; any airport, train station, or bus station; and any business that provides entertainment commonly called stripteasing or topless entertaining or entertainment that has employees who are not clad both above and below the waist shall post in a location conspicuous to the public at the entrance of the business or where such posters and notices are customarily posted, a poster of no smaller than 8 1/2 by 11 inches in size that states the following:
“If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work, or any other activity - call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.
”(1) Victims of human trafficking are protected under U.S. law.
”(2) The Toll-free Hotline is:
“a. Available 24 hours a day, 7 days a week.
“b. Operated by a nonprofit, nongovernmental organization.
“c. Anonymous and confidential.
“d. Accessible in 170 languages.
“e. Able to provide help, referral to services, training, and general information.”
This subsection shall not apply to businesses providing entertainment in theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value.
(b) The poster shall be available on the Internet website of all of the following:
(1) The Alabama Alcoholic Beverage Control Board where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located.
(2) The Alabama Public Service Commission.
(3) The Alabama Department of Labor.
(c) The owners shall print the poster from any of the Internet websites in subsection (b) or ask that the poster be mailed for the cost of printing and first class postage and post the sign in compliance with subsection (a).
(d) The Alcoholic Beverage Control Board, the Public Service Commission, and the Department of Labor shall post the sign on its Internet site in English, Spanish, and any other language deemed appropriate by the Commissioner of Labor. The owners shall obtain and post the posters in English, Spanish, and any other languages deemed appropriate by the Commissioner of Labor.
(e) The Alcoholic Beverage Control Board, the Public Service Commission, and the Department of Labor shall provide each applicable business or establishment with notice of mandatory compliance of this section.
(f) A person who violates this section shall be subject to a warning on the first violation and a fine not to exceed fifty dollars ($50) for each subsequent violation. The violation or noncompliance with this section, and each day’s continuance thereof, shall constitute a separate and distinct violation.
(Act 2012-265, p. 511, §1.)
This article and Sections 12-15-701, 13A-12-123, and 15-5-61 shall be known and may be cited as the Alabama Human Trafficking Safe Harbor Act.
(Act 2016-282, §1.)
(a)(1) Notwithstanding any other fines, restitution, court costs, or docket fees, upon conviction for the offense of promoting prostitution under Division 1 of Article 3 of Chapter 12, or a violation of subsection (b) or (d) of Section 13A-12-121, a mandatory fine of five hundred dollars ($500) shall be assessed. The court shall order the five hundred dollar ($500) fine to be paid to the clerk of court to be distributed to a court-certified therapeutic counseling entity that provides education, treatment, and prevention counseling to adult persons convicted of prostitution offenses.
(2) Any fine imposed by the court for a second or subsequent conviction under subdivision (1) shall increase by 50 percent for each subsequent conviction through a fourth conviction.
(b) A court may order an adult person convicted of an offense under Division 1 of Article 3 of Chapter 12 or subsection (b) or (d) of Section 13A-12-121 to successfully attend counseling or an educational training program designed to reduce recidivism rates for these violations. Attendance of such programs shall be at the cost and expense of the person convicted of the offense.
(c) An adult person who is charged with an offense under subsection (b) or (d) of Section 13A-12-121 and has no prior arrest or convictions for an offense under Sections 13A-12-111, 13A-12-112, 13A-12-113, and 13A-12-121, or an offense in any other state that has the same or similar elements as those sections, may be accepted into a pretrial diversion program, provided the adult person satisfied the requirements of subsections (a) and (b), as well as any other conditions imposed pursuant to the pretrial diversion program.
(d) Under no circumstance may an adult person be admitted into a pretrial diversion program if he or she has been previously convicted of an offense under Sections 13A-12-111, 13A-12-112, 13A-12-113, and 13A-12-121, or an offense in any other state which has the same or similar elements as those sections.
(e) A person charged with an offense defined under 13A-12-120, in violation of subsection (a) or (c) of Section 13A-12-121, may be accepted in a pretrial diversion program, provided that he or she meets the requirements of a pretrial diversion program within the jurisdiction where the offense occurred.
(Act 2016-282, §4.)
Notwithstanding Section 12-14-1, a misdemeanor offense under Article 3 of Chapter 12 of this title, relating to prostitution offenses, including the attempt of any of the misdemeanor offenses included in Article 13, shall be prosecuted in the district court in the county where the offense occurred.
(Act 2016-282, §5.)
(a) For the safety and well-being of a person arrested for the crime of prostitution under Division 2 of Article 3 of Chapter 12 he or she may be held in custody for up to 72 hours. The person shall be brought before a court of competent jurisdiction as soon as possible within a 48-hour period to conduct an inquiry into the person’s access to resources, such as, but not limited to, health care, shelter, mental health counseling, or financial aid. The court may issue an order to assist the person in obtaining the services and resources needed pursuant to the court’s inquiry.
(b) A photograph of a person taken by a law enforcement agency upon the arrest of a person for the crime of prostitution under Division 2 of Article 3 of Chapter 12, is not a public record and may not be published in any printed or electronic media or provided to any person without an order of a district court judge with jurisdiction over the person’s criminal case.
(Act 2016-282, §6.)
(a) By August 31, 2016, a domestic or interstate business engaging in an escort business of companionship in this state must register with the Secretary of State.
(b)(1) A violation of subsection (a) is a Class A misdemeanor.
(2) A second or subsequent violation of subsection (a) is a Class D felony.
(Act 2016-282, §7.)
This chapter shall be known and may be cited as the Protecting Alabama’s Elders Act.
(Act 2013-307, §1; §38-9E-1; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
For purposes of this chapter, the following terms shall have the following meanings:
(1) CAREGIVER. An individual who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.
(2) DECEPTION. Deception occurs when a person knowingly:
a. Creates or confirms another’s impression which is false and which the defendant does not believe to be true.
b. Fails to correct a false impression which the defendant previously has created or confirmed.
c. Fails to correct a false impression when the defendant is under a duty to do so.
d. Prevents another from acquiring information pertinent to the disposition of the property involved.
e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is not a matter of official record.
f. Promises performance which the defendant does not intend to perform or knows will not be performed.
(3) ELDERLY PERSON. A person 60 years of age or older.
(4) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person.
(5) FINANCIAL EXPLOITATION. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s property with the intent to deprive the elderly person of his or her property or the breach of a fiduciary duty to an elderly person by the person’s guardian, conservator, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of the elderly person’s property.
(6) INTIMIDATION. A threat of physical or emotional harm to an elderly person, or the communication to an elderly person that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.
(7) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an elderly person.
(8) PERSON. A human being.
(9) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an elderly person is prevented from exercising free judgment and choice.
(Act 2013-307, §2; §38-9E-2; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
(a) A person commits the crime of elder abuse and neglect in the first degree if he or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.
(b) Elder abuse and neglect in the first degree is a Class A felony.
(Act 2013-307, §3; §38-9E-3; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
(a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:
(1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.
(2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.
(3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.
(b) Elder abuse and neglect in the second degree is a Class B felony.
(Act 2013-307, §4; §38-9E-4; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
(a) A person commits the crime of elder abuse and neglect in the third degree if he or she does any of the following:
(1) Recklessly abuses or neglects any elderly person and the abuse or neglect causes physical injury.
(2) Recklessly emotionally abuses any elderly person.
(b) Elder abuse and neglect in the third degree is a Class A misdemeanor.
(Act 2013-307, §5; §38-9E-5; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
(a) The financial exploitation of an elderly person in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the first degree.
(b) Financial exploitation of an elderly person in the first degree is a Class B felony.
(Act 2013-307, §6; §38-9E-6; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
(a) The financial exploitation of an elderly person in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the second degree.
(b) Financial exploitation of an elderly person in the second degree is a Class C felony.
(Act 2013-307, §7; §38-9E-7; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
(a) The financial exploitation of an elderly person in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of the elderly person in the third degree.
(b) Financial exploitation of an elderly person in the third degree is a Class A misdemeanor.
(Act 2013-307, §8; §38-9E-8; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
(a) In any prosecution brought for financial exploitation of an elderly person, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the financial exploitation.
(b) Any prosecution brought for financial exploitation of an elderly person shall be commenced within seven years after the commission of the offense.
(c) It shall not be a defense to financial exploitation of an elderly person that the accused reasonably believed that the victim was not an elderly person.
(Act 2013-307, §9; §38-9E-9; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
Any person or entity acting pursuant to this chapter in reporting or investigating any report of abuse, neglect, or financial exploitation of an elderly person, or participating in a judicial proceeding resulting therefrom, shall be immune from any civil liability that might otherwise be incurred or imposed as a result of the report, investigation, or participation, unless the person or entity acted recklessly, in bad faith, or with malicious purpose.
(Act 2013-307, §10; §38-9E-10; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
Nothing in this chapter shall be construed to limit the remedies available to the victim pursuant to any state law relating to domestic violence, the Adult Protective Services Act of 1976, or any other applicable law.
(Act 2013-307, §11; §38-9E-11; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
No physician, as defined under Section 34-24-50.1, who is licensed to practice medicine in this state, shall be subject to Sections 13A-6-192, 13A-6-193, and 13A-6-194 for any acts or omissions constituting the practice of medicine.
(Act 2013-307, §12; §38-9E-12; renumbered by Act 2014-346, p. 1289, §1(b)(7).)
For purposes of this article, the following terms shall have the following meanings:
(1) SEXUAL CONDUCT. Any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person.
(2) SEXUAL CONTACT. Any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, any penetration, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal for the purpose of sexual gratification or sexual arousal of the person.
(Act 2014-275, p. 879, §1.)
(a) A person commits the crime of bestiality if he or she:
(1) Knowingly engages in or submits to any sexual conduct or sexual contact with an animal.
(2) Knowingly causes, aids, or abets another in engaging in any sexual conduct or sexual contact with an animal.
(3) Knowingly permits any sexual conduct or sexual contact with an animal upon premises under his or her control.
(4) Knowingly organizes, promotes, conducts, advertises, aids, abets, observes, or performs any service furthering an act involving sexual conduct or sexual contact with an animal for a commercial or recreational purpose.
(b) Bestiality is a Class A misdemeanor.
(c) This article shall not apply to accepted animal husbandry practices, conformation judging practices, or accepted veterinary medicine practices.
(Act 2014-275, p. 879, §2.)
(a)(1) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image when the depicted individual has not consented in writing to the transmission and the depicted individual had a reasonable expectation of privacy against transmission of the private image.
(2) A person commits the crime of creating a private image if he or she knowingly creates, records, or alters a private image when the depicted individual has not consented to the creation, recording, or alteration and the depicted individual had a reasonable expectation of privacy against the creation, recording, or alteration of the private image.
(b)(1) For purposes of this section, “private image” means a photograph, digital image, video, film, or other recording of an individual who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sexually explicit conduct, as defined in Section 13A-12-190.
(2) The term includes both of the following:
a. A recording that has been edited, altered, or otherwise manipulated from its original form.
b. A recording that a reasonable person would believe actually depicts an identifiable individual, regardless of whether any portion of the recording depicts another individual or is artificially generated.
(c)(1) For purposes of this section, a “reasonable expectation of privacy” includes, but is not limited to, either of the following circumstances:
a. The individual depicted in the private image created it or consented to its creation believing that it would remain confidential.
b. The sexual conduct depicted in the image was involuntary.
(2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily in a public setting or made with prior written consent in a commercial setting.
(d) It is a defense to distributing a private image if the distribution of the private image was made in the public interest, including, but not limited to, the reporting of unlawful conduct; the lawful and common practices of law enforcement, legal proceedings, or medical treatment; or a bona fide attempt to prevent further distribution of the private image.
(e) The crimes of distributing a private image and creating a private image shall be considered to be committed in any county in which any part of the crime took place, in the county of residence of the victim or defendant, or any county where the image is received.
(f) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.
(g) If the Attorney General has reason to believe a person has engaged in, or is engaging in, a violation of this section, the Attorney General may petition for an emergency injunction or other necessary relief to enjoin the violation, and may order the person to provide a copy of the written consent required by this section.
(h) No Internet service provider, search engine, cloud service provider, or affiliate or subsidiary of any of the same, shall be held to have violated this section solely for providing access or connection to or from a website, other information or content on the Internet, or a facility, system, or network not under the control of the provider, including, but not limited to, the transmission, download, intermediate storage, or access software of content that is a private image or is child sexual abuse material to the extent the provider is not responsible for the creation of the content of the communication that constitutes the private image or child sexual abuse material.
(i) No developer or provider of technology shall be held to have violated this section solely for providing or developing technology used by another person to violate this section.
(Act 2017-414, §1; Act 2023-464, §1; Act 2024-96, §1; Act 2024-97, §11; Act 2024-98, §3.)
(a) A person commits the crime of sexual extortion if he or she does any of the following:
(1) Knowingly causes or attempts to cause another individual to engage in sexually explicit conduct by communicating any threat to injure the body, property, or reputation of any individual.
(2) Knowingly causes or attempts to cause another individual to produce any photograph, digital image, video, film, or other recording of any individual, whether recognizable or not, engaged in any act of sexually explicit conduct by communicating any threat to injure the body, property, or reputation of any individual.
(3) Knowingly threatens to release or transmit any photograph, digital image, video, film, or other recording of any individual, whether recognizable or not, engaged in any act of sexually explicit conduct in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his or her will.
(b) Sexual extortion is a Class B felony.
(c) For the purposes of this section, the term “sexually explicit conduct” has the same meaning as defined in Section 13A-12-190.
(Act 2017-414, p. 1337, §2; Act 2019-465, §1; Act 2025-302, §1.)
(a) A person commits the crime of assault with bodily fluids if he or she knowingly causes or attempts to cause another person to come into contact with a bodily fluid unless the other person consented to the contact or the contact was necessary to provide medical care.
(b) For purposes of this section, a bodily fluid is blood, saliva, seminal fluid, mucous fluid, urine, or feces.
(c) Assault with bodily fluids is a Class A misdemeanor; provided, however, a violation of this section is a Class C felony if the person commits the crime of assault with bodily fluids knowing that he or she has a communicable disease.
(Act 2017-414, §3.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a)(1) A person commits the crime of directing a child to engage in sexual intercourse or sodomy if he or she knowingly entices, allures, persuades, induces, or directs any person under the age of 12 years to engage in sexual intercourse or sodomy with another person.
(2) Directing a child to engage in sexual intercourse or sodomy is a Class A felony.
(b)(1) A person commits the crime of directing a child to engage in sexual contact if he or she knowingly entices, allures, persuades, induces, or directs any person under the age of 12 years to engage in sexual contact with another person.
(2) A violation of this section is a Class B felony.
(Act 2017-414, §4; Act 2019-465, §1.)
(a) As used in this section, the following terms have the following meanings:
(1) EMPLOYEE. Any individual who is an employee, contractual employee, or volunteer at an inpatient substance use disorder treatment program or inpatient mental health facility and who has the responsibility for the care, treatment, control, or supervision of patients in the facility.
(2) PATIENT. Any individual who is a patient in an inpatient substance use disorder treatment program, where the individual is not allowed unsupervised access to the public, or who is committed to an inpatient mental health facility.
(3) SEXUAL CONDUCT. The term as defined in Section 14-11-30.
(b) A person commits the crime of inpatient custodial sexual misconduct if the person is an employee and solicits or engages in sexual conduct with any other person who is a patient at an inpatient substance use disorder treatment facility or committed to an inpatient mental health facility pursuant to Article 1, Chapter 52, Title 22.
(c) A violation of this section is a Class C felony.
(d)(1) It is the public policy of the state to prohibit without exception all inpatient custodial sexual misconduct.
(2) For purposes of prosecution under this section, consent is not a defense and the issue of whether a patient in an inpatient substance use disorder treatment program or inpatient mental health facility consented to any sexual conduct is immaterial.
(Act 2026-375, §4.)
For the purposes of this article, the following terms have the following meanings:
(1) ALEA. The Alabama State Law Enforcement Agency.
(2) CRIMINAL ENTERPRISE. Any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, including a streetgang as defined in Section 13A-6-26, of three or more persons, through its membership or through the agency of any member, that engages in a course or pattern of criminal activity.
(3) CRIMINAL ENTERPRISE MEMBER. a. An individual who meets three or more of the following at the time of the planning or commission of the underlying offense:
Admits to criminal enterprise membership.
Is voluntarily identified as a criminal enterprise member by a parent or guardian.
Is identified as a criminal enterprise member by a reliable informant.
Adopts the style of dress of a criminal enterprise.
Adopts the use of a hand sign identified as used by a criminal enterprise.
Has a tattoo identified as used by a criminal enterprise.
Associates with one or more known criminal enterprise members.
Is identified as a criminal enterprise member by physical evidence.
Has been observed in the company of one or more known criminal enterprise members four or more times. Observation in a custodial setting requires a willful association. This subparagraph may be used to identify criminal enterprise members who recruit and organize in jails, prisons, or other detention settings.
Has authored any communication indicating responsibility for the commission of any crime by a criminal enterprise.
b. Where a single act or factual transaction satisfied the requirements of more than one of the criteria in paragraph a., each of those criteria has been satisfied for the purposes of this definition.
(4) CRIMINAL JUSTICE AGENCY. Any federal law enforcement agency, prosecuting agency, or corrections agency, or any state, county, or municipal law enforcement agency, prosecuting agency, or corrections agency in this state.
(5) DATABASE. The Alabama Criminal Enterprise Database.
(6) DATABASE INFORMATION. Either of the following:
a. Any contents of the database.
b. Any records, including electronically stored information, which are generated or transmitted to ALEA’s possession, custody, or control due to a criminal justice agency’s submission of information for inclusion in the database.
(7) DESTRUCTIVE DEVICE. The same meaning as in Section 13A-10-190.
(8) FIREARM. Any of the following:
a. Any weapon which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive or the frame or receiver of any such weapon.
b. A firearm silencer.
c. A destructive device.
(9) FIREARMS SILENCER. Any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer, and any part intended only for use in such assembly or fabrication.
(10) MACHINE GUN. Any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(11) SECRETARY. The Secretary of ALEA.
(12) SHORT-BARRELED RIFLE. The same meaning as in Section 13A-11-62.
(13) SHORT-BARRELED SHOTGUN. The same meaning as in Section 13A-11-62.
(Act 2023-416, §1; Act 2025-393, §1.)
Upon a finding, beyond a reasonable doubt, that a criminal enterprise member has committed the charged offense for the purpose of benefiting, promoting, or furthering the interest of a criminal enterprise, the following sentencing enhancements shall apply:
(1) On conviction of a Class A felony, he or she shall be punished not less than 25 years.
(2) On conviction of a Class B felony, he or she shall be punished for a Class A felony.
(3) On conviction of a Class C felony, he or she shall be punished for a Class B felony.
(Act 2023-416, §1.)
(a) Any individual who knowingly possesses, uses, or carries a firearm during the commission of any criminal act intended to benefit, promote, or further the interest of a criminal enterprise shall be punished as follows:
(1) To a term of imprisonment of not less than five years.
(2) If the firearm is brandished, to a term of imprisonment of not less than seven years.
(3) If the firearm is discharged, to a term of imprisonment of not less than 10 years.
(4) If the firearm possessed is a short-barreled rifle or short-barreled shotgun, to a term of imprisonment of not less than 10 years.
(5) If the firearm possessed is a machine gun, a destructive device, or is equipped with a firearm silencer, to a term of imprisonment of not less than 30 years.
(b) The term of imprisonment imposed under subsection (a) shall be served day for day and shall not be reduced or suspended by any provision of law.
(c) No term of imprisonment imposed on a person pursuant to this section shall run concurrently with any term of imprisonment, including any term of imprisonment imposed pursuant to Section 13A-6-261.
(d) An offender sentenced pursuant to Section 13A-6-261, who is also convicted of a violation under this section, shall serve the term of imprisonment imposed pursuant to this section before serving the term of imprisonment imposed pursuant to Section 13A-6-261.
(Act 2023-416, §1.)
The Attorney General, in coordination with the district attorneys, shall annually report to the Legislature the number of convictions secured under this article.
(Act 2023-416, §1.)
(a) Subject to the availability of funding, ALEA shall establish a statewide inter-jurisdictional criminal intelligence system known as the Alabama Criminal Enterprise Database.
(b) ALEA shall establish, develop, manage, and maintain the database in accordance with the Criminal Intelligence Systems Operating Policies adopted by the United States Department of Justice and codified in 28 C.F.R. Part 23.
(c) Any criminal justice agency may submit information for inclusion in the database.
(d) To the extent permitted under subsection (b), the database may contain any information about a person reasonably suspected of criminal conduct or activity which meets both of the following criteria:
(1) The information is relevant to the person’s suspected criminal conduct or activity.
(2) The information is relevant to identifying an individual as a criminal enterprise member or identifying a criminal enterprise.
(e) Subject to rules established by the secretary, any criminal justice agency may access the database for legitimate law enforcement or criminal justice purposes.
(f) ALEA may not permit any person or entity to access database information in its possession, custody, or control unless one of the following conditions applies:
(1) The access is made by personnel of a criminal justice agency pursuant to subsection (e).
(2) The access is necessary for ALEA to establish, develop, manage, or maintain the database.
(3) The access is necessary for ALEA to comply with a court order, discovery request, or subpoena for the production of database information as authorized in subsection (h).
(4) The access is permitted under subsection (b).
(g) Database information is confidential and shall not be subject to public disclosure under Article 3 of Chapter 12 of Title 36.
(h) In any criminal, civil, or administrative proceeding, database information shall not be used as evidence or be subject to discovery by subpoena or otherwise, except as required by subsection (b), the Constitution of Alabama of 2022, the Constitution of the United States, or as necessary for a criminal justice agency to pursue a legitimate law enforcement or criminal justice purpose.
(i) Nothing in this section shall affect the disclosure, discovery, or admissibility of information that a criminal justice agency has in its possession, custody, or control by any means other than the agency’s access to the database or submission of information to the database.
(j)(1) The secretary shall adopt rules establishing a uniform digital process for criminal justice agencies to submit information for inclusion in the database.
(2) The secretary shall adopt rules regarding the use of database information and may establish and impose civil penalties and other sanctions for the violation of such rules.
(3) The secretary may adopt rules that otherwise promote the effective establishment, development, management, maintenance, or use of the database in compliance with federal standards.
(k)(1) Each year, the secretary shall prepare a report detailing the submissions to and access of the database; the number of prosecutions aided by access to the database under Section 13A-6-263; and the demographics of all individuals in the database in accordance with 28 C.F.R. Part 23.
(2) By March 1, annually, the secretary shall submit the report covering the previous calendar year to all of the following:
a. The Speaker of the House of Representatives.
b. The President Pro Tempore of the Senate.
c. The Majority Leader of the House of Representatives.
d. The Majority Leader of the Senate.
e. The Minority Leader of the House of Representatives.
f. The Minority Leader of the Senate.
(Act 2025-393, §2.)
This article shall be known as and may be cited as the Alabama Adults with Disabilities Protection Act.
(Act 2024-348, §1.)
For the purposes of this article, the following terms have the following meanings:
(1) ADULT WITH A DISABILITY. Any of the following: (i) an individual 18 years of age or older who has physical or mental impairment that substantially limits one or more major life activities; and (ii) any protected person as defined in Section 38-9-2.
(2) CAREGIVER. An individual who has the responsibility for the care of an adult with a disability as a result of a family relationship or who has assumed the responsibility for the care of the individual voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.
(3) FINANCIAL EXPLOITATION. Any of the following:
a. The wrongful or unauthorized taking, appropriating, or use of money, assets, or property of an adult with a disability.
b. Any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an adult with a disability, to:
Obtain control through deception, intimidation, or undue influence over the money, assets, or property of an adult with a disability to deprive the adult with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or
Convert money, assets, or property of the adult with a disability to deprive the adult with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property.
(4) INTIMIDATION. A threat of physical or emotional harm to an adult with a disability, or the communication to an adult with a disability, that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.
(5) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an adult with a disability.
(6) PERSON. A human being.
(7) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an adult with a disability is prevented from exercising free judgment and choice.
(Act 2024-348, §1.)
(a) A person commits the crime of abuse and neglect of an adult with a disability in the first degree if he or she intentionally abuses or neglects any adult with a disability and the abuse or neglect causes serious physical injury to the adult with a disability.
(b) Abuse and neglect of an adult with a disability in the first degree is a Class A felony.
(Act 2024-348, §1.)
(a) A person commits the crime of abuse and neglect of an adult with a disability in the second degree if he or she does any of the following:
(1) Intentionally abuses or neglects any adult with a disability and the abuse or neglect causes physical injury to the adult with a disability.
(2) Recklessly abuses or neglects any adult with a disability and the abuse or neglect causes serious injury to the adult with a disability.
(3) Recklessly abuses or neglects any adult with a disability having been previously convicted of abuse and neglect of an adult with a disability in the third degree in any court.
(b) Abuse and neglect of an adult with a disability in the second degree is a Class B felony.
(Act 2024-348, §1.)
(a) A person commits the crime of abuse and neglect of an adult with a disability in the third degree if he or she recklessly abuses or neglects any adult with a disability and the abuse or neglect causes physical injury.
(b) Abuse and neglect of an adult with a disability in the third degree is a Class A misdemeanor.
(Act 2024-348, §1.)
(a) The financial exploitation of an adult with a disability in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) constitutes financial exploitation of an adult with a disability in the first degree.
(b) Financial exploitation of an adult with a disability in the first degree is a Class B felony.
(Act 2024-348, §1.)
(a) The financial exploitation of an adult with a disability in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) constitutes financial exploitation of an adult with a disability in the second degree.
(b) Financial exploitation of an adult with a disability in the second degree is a Class C felony.
(Act 2024-348, §1.)
(a) The financial exploitation of an adult with a disability in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of an adult with a disability in the third degree.
(b) Financial exploitation of an adult with a disability in the third degree is a Class A misdemeanor.
(Act 2024-348, §1.)
(a) In any prosecution brought for financial exploitation of an adult with a disability, the crime shall be considered to be committed in any county in which any party to the offense was located at the time of the commission of the offense, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the victim of the financial exploitation.
(b) Any prosecution brought for financial exploitation of an adult with a disability shall be commenced within seven years after the date of discovery of the offense.
(c) It shall not be a defense to financial exploitation of an adult with a disability that the accused reasonably believed that the victim was not an adult with a disability.
(Act 2024-348, §1.)
Nothing in this article shall be construed to limit the remedies available to the victims pursuant to any state law relating to domestic violence, the Adult Protective Services Act of 1976, Chapter 9 of Title 38, or any other applicable law.
(Act 2024-348, §1.)
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 such term includes any vehicle, aircraft or watercraft used for the lodging of persons or carrying on business therein, and such term includes any railroad box car or other rail equipment or trailer or tractor trailer or combination thereof. Where a building consists of two or more units separately occupied or secure, each shall be deemed both a separate building and a part of the main building.
(2) DWELLING. A building which is used or normally used by a person for sleeping, living or lodging therein.
(3) ENTER OR REMAIN UNLAWFULLY. A person “enters or remains unlawfully” in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privileges unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.
(4) POSTING IN A CONSPICUOUS MANNER. A sign or signs posted on the property, reasonably likely to come to the attention of intruders, indicating that entry is forbidden or the placement of identifying purple paint marks on trees or posts on the property, provided that the marks satisfy all of the following:
a. Are vertical lines of not less than eight inches in length and not less than one inch in width.
b. Are placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground.
c. Are placed at locations that are readily visible to any person approaching the property and are no more than 100 feet apart on forest land or 1,000 feet apart on land other than forest land.
(5) PREMISES. Such term includes any “building,” as herein defined, and any real property.
(Acts 1977, No. 607, p. 812, §2601; Acts 1983, No. 83-742, p. 1222; Act 2016-402, §1.)
(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor, as those terms are defined in Section 20-2A-3, or on the premises of any cultivation or processing operation that is part of an integrated facility, as defined in Section 20-2A-3.
(b) Criminal trespass in the first degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2605; Act 2021-450, §5.)
(a) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.
(b) Criminal trespass in the second degree is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §2606.)
(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.
(b) Criminal trespass in the third degree is a violation.
(Acts 1977, No. 607, p. 812, §2607.)
(a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a uniformed law enforcement officer or by a properly identified owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if:
(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces, then by at least one such sign for every 150 parking spaces, each such sign shall be substantially as follows: Notice Private Property
Entry restricted to our tenants, their customers, employees and invitees. Remaining after proper use is prohibited. Violators may be charged with trespassing.
Owner of Shopping Center
(2) And the motor vehicle is parked, is standing, or is being operated other than for the purpose of:
a. Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;
b. Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;
c. Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or
d. Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.
(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine:
(1) Not to exceed $50.00 for the first such offense;
(2) Not to exceed $100.00 for the second such offense; and
(3) Not to exceed $150.00 for the third or subsequent such offense.
(Acts 1990, No. 90-664, p. 1280, §§1, 2.)
(a) This section shall be known and may be cited as the Charles “Chuck” Poland, Jr., Act.
(b) A person commits the crime of trespass on a school bus in the first degree if he or she is found guilty of doing any of the following:
(1) Intentionally demolishing, destroying, defacing, injuring, burning, or damaging any public school bus.
(2) Entering a public school bus while the door is open to load or unload students without a lawful purpose, while at a railroad grade crossing, or after being forbidden from doing so by the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.
(3) As an occupant of a public school bus, refusing to leave the bus on demand of the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.
(4) Intentionally stopping, impeding, delaying, or detaining any public school bus being operated for public school purposes with the intent to commit a crime therein.
(c) The crime of trespass on a school bus in the first degree is a Class A misdemeanor.
(d) Subdivisions (2), (3), and (4) of subsection (b) do not apply to a child who is less than 12 years of age or to authorized school personnel who are boarding the school bus as a part of their job assignment.
(Act 2013-347, p. 1245, §§1, 2.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) CRITICAL INFRASTRUCTURE. A system or asset, whether physical or virtual, so vital to the United States that the incapacity or destruction of the system or asset would have a debilitating impact on security, national economic security, national public health, or national public safety.
(2) CRITICAL INFRASTRUCTURE FACILITY. The term includes, but is not limited to, any of the following, including any critical infrastructure located on or in any of the following types of facilities:
a. A chemical, polymer, or rubber manufacturing facility.
b. A pipeline.
c. A refinery.
d. An electrical power generating facility.
e. The area surrounding an electrical power generating facility.
f. An electrical transmission tower.
g. An electrical substation or distribution substation.
h. An electric utility control center.
i. Electrical communication equipment.
j. An electrical switching station.
k. Electric power lines, power storage equipment, or other utility equipment.
l. Any portion of a public water system or public wastewater treatment system.
m. A natural gas transmission compressor station.
n. A liquefied natural gas (LNG) terminal or storage facility.
o. A natural gas distribution facility, including, but not limited to, a pipeline interconnection, a city gate or town border station, a metering station, aboveground piping, a regular station, or a natural gas or hydrocarbon storage or production facility.
p. A mining operation.
q. Beneficiation infrastructure or mining infrastructure.
r. A transportation facility such as a port, airport, railroad operating facility, or trucking terminal.
s. Communications service infrastructure or facilities, as defined under Section 37-17-1.
t. A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids.
u. A steelmaking facility that uses an electric arc furnace.
v. A dam that is regulated by the state or federal government.
w. A crude oil or refined products storage or distribution facility, including, but not limited to, a valve site, a pipeline interconnection, a pump station, a metering station, below ground piping, above ground piping, or a truck loading or offloading facility.
x. A defense contractor facility.
y. A pulp and paper manufacturing facility.
(3) FRAUDULENT DOCUMENTS FOR IDENTIFICATION PURPOSES. A document that is presented as being a bona fide document that provides personal identification information but which, in fact, is false, forged, altered, or counterfeit.
(4) PERSON. An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, limited liability company, or unincorporated nonprofit association having a separate legal existence under state law.
(5) UNMANNED AIRCRAFT SYSTEM. A powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, may fly autonomously through an onboard computer or be piloted remotely, and may be expendable or recoverable. The term does not include a satellite orbiting the Earth or a spacecraft beyond Earth’s atmosphere and may not be construed to implicate the provider of a telecommunications link between an owner or operator of an unmanned aircraft system and the unmanned aircraft system.
(b) A person commits the crime of unauthorized entry of a critical infrastructure facility if the person does any of the following:
(1) Intentionally enters without authority into any structure or onto any premises belonging to another that constitutes in whole or in part a critical infrastructure facility that is completely enclosed by any type of physical barrier or clearly marked with a sign or signs that are posted in a conspicuous manner and indicate that unauthorized entry is forbidden.
(2) Uses or attempts to use a fraudulent document for identification for the purpose of entering a critical infrastructure facility.
(3) Remains on the premises of a critical infrastructure facility after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the property or by any other authorized person.
(4) Intentionally enters into a restricted area of a critical infrastructure facility which is marked as a restricted or limited access area, or which is completely enclosed by any type of physical barrier, when the person is not authorized to enter the restricted or limited access area.
(c) A person who commits the crime of unauthorized entry of a critical infrastructure facility is guilty of a Class A misdemeanor.
(d) If a person intentionally, recklessly, or with criminal negligence injures, removes, destroys, or breaks critical infrastructure property, or otherwise interrupts or interferes with the operations of a critical infrastructure asset, the person is guilty of a Class C felony.
(e) A person who commits the crime of unauthorized entry of a critical infrastructure facility while possessing or operating an unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition is guilty of a Class C felony.
(f) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including, but not limited to, any labor dispute between any employer and its employee.
(g) Nothing in this section shall be construed to prohibit the state, a county, or a municipality from taking any lawful action on their respective rights-of-way.
(h) Nothing in subsection (b) or (d) shall apply to any act committed by a person within the scope of his or her employment. For purposes of this subsection, the scope of a person’s employment shall include the performance of actions that are necessary for the performance of a lawful work assignment.
(Act 2016-390, p. 1045, §1; Act 2022-34, §1; Act 2024-395, §1; Act 2025-64, §1.)
(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.
(b) Burglary in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2610; Acts 1979, No. 79-471, p. 862, §1; Act 2006-198, p. 286, §1.)
(a) A person commits the crime of burglary in the second degree if he or she knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.
(b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in the second degree if he or she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.
(c) Burglary in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2611; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1; Act 2006-198, p. 286, §1.)
(a) A person commits the crime of burglary in the third degree if any of the following occur:
(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein.
(2) He or she knowingly enters or remains unlawfully in an occupied building with the intent to commit a crime therein.
(3) He or she knowingly enters or remains unlawfully in an unoccupied building with the intent to commit a crime therein.
(4) He or she knowingly enters or remains unlawfully in a dwelling and intentionally causes one thousand dollars ($1,000) or more in damage to the dwelling.
(b) Burglary in the third degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §2612; Acts 1979, No. 79-471, p. 862, §1; Act 2015-185, p. 476, §2; Act 2024-237, §2.)
(a) A person commits the crime of possession of burglar’s tools if he:
(1) Possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and
(2) Intends to use the thing possessed in the commission of an offense of the nature described in subdivision (a) (1) of this section.
(b) Possession of burglar’s tools is a Class C felony. (Acts 1977, No. 607, p. 812, §2615.)
The definitions contained in Sections 13A-7-40 and 13A-8-1 are applicable in this article unless the context otherwise requires.
(Acts 1977, No. 607, p. 812, §2701.)
(a) A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property:
(1) In an amount exceeding two thousand five hundred dollars ($2,500); or
(2) By means of an explosion.
(b) Criminal mischief in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §2705; Act 2003-355, p. 962, §1.)
(a) A person commits the crime of criminal mischief in the second degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount which exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500).
(b)(1) Criminal mischief in the second degree is a Class A misdemeanor punishable as provided by law.
(2) Upon a second conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 10 days in jail and upon a third or subsequent conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 30 days in jail.
(3) Upon conviction for criminal mischief in the second degree involving a church or other religious building or damage to property in a church or other religious building, the court shall order restitution as a first priority before the payment of fines, court costs, or other court ordered payments.
Acts 1977, No. 607, p. 812, §2706; Act 2003-355, p. 962, §1; Act 2015-78, §1.)
(a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500).
(b) Criminal mischief in the third degree is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §2707; Act 2003-355, p. 962, §1.)
(a) Any person who willfully or maliciously injures, defaces, removes, or destroys any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or any enclosure for the protection or ornamentation of any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead, or any person who willfully and wrongfully or maliciously destroys, removes, cuts, breaks, or injures any tree, shrub, plant, flower, decoration, or other real or personal property within any cemetery or graveyard shall be guilty of a Class A misdemeanor.
(b) Any person who willfully or maliciously desecrates, injures, defaces, removes, or destroys any tomb, monument, structure, or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains shall be guilty of a Class C felony and upon conviction the person shall be punished as provided by law.
(c) The provisions of subsections (a) and (b) shall not apply to any person holding a permit issued by the Alabama Historical Commission pursuant to subsection (d), to anyone operating a cemetery under standard rules and regulations and maintenance procedures, or to any person otherwise authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents, as described in subsections (a) and (b), nor shall subsections (a) and (b) apply to any person authorized to take any action on municipal property.
(d) The Alabama Historical Commission, to provide for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects, shall promulgate rules and regulations for the issuance of a permit and may issue a permit to persons or companies who seek to restore, preserve, or relocate human burial remains, human skeletal remains, funerary objects, or otherwise disturb, a place of burial.
(Acts 1980, No. 80-706, p. 1424; Acts 1993, No. 93-770, §1; Acts 1993, 1st Ex. Sess., No. 93-905, p. 201, §1; Act 2010-723, p. 1798, §1.)
The following definitions apply to Sections 13A-7-25 and 13A-7-26:
(1) TAMPER. To improperly interfere, meddle with or make an unwarranted alteration in the condition of property of another.
(2) PROPERTY. As used in the context of Sections 13A-7-25 and 13A-7-26, such term means any tangible or intangible property, real or personal, public or private, and includes the commodities and services of a utility nature, such as gas, electricity, steam and water.
(3) UTILITY. An enterprise which provides gas, electric, steam, water, sewage, transportation or communication services, cable and broadband services, and any institution that provides health and safety protection or other public services; it may be either publicly or privately owned.
(Acts 1977, No. 607, p. 812, §2710; Act 2013-74, p. 155, §1.)
(a) A person commits the crime of criminal tampering in the first degree if the person does any of the following:
(1) Having no right to do so or any reasonable ground to believe that he or she has such a right, intentionally or recklessly causes substantial interruption or impairment of a service rendered to the public by a utility.
(2) Threatens an individual with a deadly weapon or dangerous instrument with the intent to obstruct the operation of a utility. This subdivision only applies if the individual is working under the procedures and within the scope of his or her duties as an employee of the utility and has properly identified himself or herself when asked by stating his or her name, employer, and purpose of work.
(b) Criminal tampering in the first degree is a Class C felony.
(c) Nothing in this section shall be construed to prohibit the state, a county, or a municipality from taking any lawful action on its respective rights-of-way.
(Acts 1977, No. 607, p. 812, §2711; Act 2013-74, p. 155,§1; Act 2025-64, §1.)
(a) A person commits the crime of criminal tampering in the second degree if, having no right to do so or any reasonable ground to believe that he or she has such a right, the person:
(1) Intentionally or recklessly tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
(2) Intentionally or recklessly tampers or makes connection with property of a utility.
(b) Criminal tampering in the second degree is a Class B misdemeanor.
(c) Nothing in this section shall be construed to prohibit the state, a county, or a municipality from taking any lawful action on its respective rights-of-way.
(Acts 1977, No. 607, p. 812, §2712; Act 2025-64, §1.)
(a) A person commits the crime of criminal use of a noxious substance if he knowingly deposits on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant or offensive-smelling substance, with the intent to interfere with another’s use of the land, building or vehicle.
(b) Criminal use of a noxious substance is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2715.)
(a) A person commits the crime of criminal possession of noxious substances if he possesses, manufactures or transports any stink bomb or device, irritant, offensive-smelling or injurious substance, and intends that the injurious article or substance be used in the commission of any crime.
(b) Criminal possession of noxious substances is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2720.)
(a) A person commits the crime of criminal littering if he or she engages in any of the following acts:
(1) Knowingly deposits in any manner litter on any public or private property or in any public or private waters without permission to do so. For purposes of this subdivision, any series of items found in the garbage, trash, or other discarded material including, but not limited to, bank statements, utility bills, bank card bills, and other financial documents, clearly bearing the name of a person shall constitute a rebuttable presumption that the person whose name appears on the material knowingly deposited the litter. Advertising, marketing, and campaign materials and literature shall not be sufficient to constitute a rebuttable presumption of criminal littering under this subsection.
(2) Negligently deposits, in any manner, glass or other dangerously pointed or edged objects on or adjacent to water to which the public has lawful access for bathing, swimming, or fishing, or on or upon a public highway or within the right-of-way.
(3) Discharges sewage, oil products, or litter into a river, inland lake, or stream within the state or within territorial waters of the state.
(4) a. Throws, drops, or permits to be thrown or dropped any litter upon or alongside any highway, road, street, or public right-of-way and does not immediately remove the same or cause it to be removed; or
b. Removes a wrecked or damaged vehicle from a highway and does not remove glass or other injurious substance dropped upon the highway from the vehicle.
(b) For the purposes of this section, litter means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, plastic, cigarettes, cigars, containers of urine, food containers, rubber tires, or any foreign substance. Any agricultural product in its natural state that is unintentionally deposited on a public highway, road, street, or public right-of-way is not litter for purposes of this section or Section 32-5-76. Any other law or ordinance to the contrary notwithstanding, the unintentional depositing of an agricultural product in its natural state on a public highway, road, street, or right-of-way shall not constitute unlawful littering or any similarly prohibited activity.
(c) It is no defense under subdivisions (a)(3) and (a)(4) that the actor did not intend, or was unaware of, the act charged.
(d)(1) Criminal littering is a Class B misdemeanor. The fine for the first conviction shall be up to five hundred dollars ($500). The punishment for the second and any subsequent conviction shall include either a fine of up to one thousand dollars ($1,000) and up to 100 hours of community service in the form of picking up litter along highways, roads, streets, public rights-of-way, public sidewalks, public walkways, or public waterways, or by a fine of not less than two thousand dollars ($2,000) and not more than three thousand dollars ($3,000).
(2) In addition to the penalties provided in subdivision (1), littering of any of the following in violation of subsection (a) shall result in an additional fine of up to five hundred dollars ($500) per violation:
a. Cigarettes or cigars.
b. Containers of urine.
c. Food containers.
(e) Fifty percent of the fine from a conviction under this section shall be distributed by the court to the state General Fund and 50 percent to the municipality or county, or both, following a determination by the court of whose law enforcement agencies or departments have been a participant in the arrest or citation resulting in the fine. The award and distribution to the county and municipality shall be made on the basis of the percentage as determined by the court, which the respective agency or department contributed to the police work resulting in the arrest, and shall be spent by the governing body on law and litter enforcement purposes only. Litter enforcement may include, but not be limited to, anti-littering education, publication and distribution of related educational materials, and anti-littering advertising.
(f) No action for criminal littering based on evidence that creates a rebuttable presumption under subdivision (a)(1) shall be brought against a person by or on behalf of a county or municipal governing body unless he or she has been given written notice by a designee of the governing body that items found in an accumulation of garbage, trash, or other discarded materials contain his or her name, and that, under subdivision (a)(1), there is a rebuttable presumption that he or she knowingly deposited the litter. The notice shall advise the person that criminal littering is a Class B misdemeanor, and shall provide that, unless the person can present satisfactory information or evidence to rebut the presumption to the designee of the governing body within 15 days from the date of the notice, an action for criminal littering may be filed against him or her in the appropriate court. If the person responds to the notice and presents information or evidence to the designee of the governing body, the designee shall review the information or evidence presented and make a determination as to whether or not an action should be brought against the person for criminal littering. The designee shall provide written notice to the person of its determination, and if the intent is to proceed with an action for criminal littering, the notice shall be sent before any action is filed.
(g) Upon approval of the county commission, the county license inspector and his or her deputies employed under Section 40-12-10 shall have the same authority to issue citations against persons violating this section as county license inspectors have with regard to persons violating revenue laws as provided in Section 40-12-10. In addition, the county solid waste officer, as defined in subsection (b) of Section 22-27-3, shall have the same authority to issue citations against persons violating this section as solid waste officers have with regard to persons violating the Solid Wastes Disposal Act pursuant to subsection (b) of Section 22-27-3.
(h) Nothing in this section shall authorize a county license inspector or solid waste officer to take any person into custody pursuant to this section unless the inspector or officer is a law enforcement officer employed by a law enforcement agency as defined in Section 36-21-40.
(Acts 1977, No. 607, p. 812, §2725; Acts 1990, No. 90-585, p. 1020; Acts 1997, No. 97-712, p. 1475, §1; Act 98-494, p. 954, §1; Act 2001-469, p. 623, §1; Act 2010-260, p. 468, §1; Act 2019-530, §1.)
The following definitions are applicable to this article:
(1) BUILDING. As used in this article, such term means any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, and includes any vehicle, railway car, aircraft or watercraft used for the lodging of persons or for carrying on business therein. Where a building consists of two or more units separately secured or occupied, each unit shall not be deemed a separate building.
(2) EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by detonator or by chemical action of any part of the compound or mixture may cause a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(3) EXPLOSION. A rapid, sudden and violent expansion of air or relinquishment of energy with resultant pressures that are capable of producing destructive effects on contiguous objects or of destroying life or limb. “Explosion” includes, but is not limited to, a sudden and rapid combustion, causing violent expansion of the air, or the sudden bursting or breaking up or in pieces from an internal or other force. “Explosion” is not limited to cases caused by combustion or fire, but it may result from decomposition or chemical action.
(Acts 1977, No. 607, p. 812, §2801.)
AMENDED BY ACT 2026-515, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when:
(1) Another person is present in such building at the time, and
(2) The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility.
(b) Arson in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2805.)
(a) A person commits the crime of arson in the second degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion.
(b) A person does not commit a crime under subsection (a) if:
(1) No person other than himself has a possessory or proprietary interest in the building damaged; or if other persons have those interests, all of them consented to his conduct; and
(2) His sole intent was to destroy or damage the building for a lawful and proper purpose.
(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.
(d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in Section 13A-10-30, with reckless disregard (because of the nature or extent of the damage caused or which would have been caused but for the intervention of others) for the safety of others.
(e) Arson in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2806; Acts 1983, 2nd Ex. Sess., No. 83-177, p. 346.)
(a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion.
(b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building.
(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.
(d) Arson in the third degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2807.)
[Repealed]
Repealed by Act 2009-718, p. 2115, §23, effective August 1, 2009.
(Acts 1977, No. 607, p. 812, §2810.)
Any person having no title or bona fide claim of title thereto or right of possession, who enters upon any land, and on demand of the owner or person entitled to the possession thereof, refuses to surrender such possession, or any person or his privy, who, having been dispossessed of any real estate by an officer under legal process from any court having jurisdiction of the subject matter; or any person or his privy, who voluntarily surrenders possession of the lands as a result of a judgment of a court of competent jurisdiction and goes back into the possession of such real estate by force or otherwise; or who, having regained possession of such real estate, holds the same by force or threats without having been restored to the possession of such real estate by an order of a court of competent jurisdiction, shall, on conviction, be fined not less than $200.00 nor more than $1,000.00, and imprisoned in the county jail for not less than six months; and one half of the fine shall go to the person for whose benefit the writ of possession is issued.
(Code 1896, §5608; Code 1907, §7829; Code 1923, §5556; Code 1940, T. 14, §428; Code 1975, §13-2-102.)
Any one of several persons occupying or cultivating lands under a common fence who turns stock of any kind into such inclosure, or knowingly suffers such stock to go at large therein without the consent of all the persons owning or cultivating such lands, shall, on conviction, be punished by a fine of not less than $5.00 nor more than $50.00, and also the amount of damages inflicted by the stock, which damages shall be held as a part of the penalty imposed by the court, and shall go to the party injured.
Whenever a conviction shall be had under this section, unless the full amount of the penalty is immediately paid, it shall be the duty of the sheriff, or other officer charged with the execution of the judgment of the court, to seize and hold the stock committing the trespass, and after giving five days’ notice by posting at three or more public places in the neighborhood, to sell the same, and out of the proceeds to collect the amount of such penalty and costs; and the surplus shall be paid to the owner of such stock.
(Code 1876, §§4414, 4415; Code 1886, §§3878, 3879; Code 1896, §§5614, 5615; Code 1907, §§7835, 7836; Code 1923, §§5562, 5563; Code 1940, T. 14, §§434, 435; Code 1975, §13-2-106.)
(a) For the purposes of this section, the following words have the following meaning:
(1) BUILDING. Any structure that may be entered and utilized by persons for business, public use, lodging, or the storage of goods. The term includes any vehicle, aircraft, or watercraft used for the lodging of persons or carrying on business therein and includes any railroad boxcar or other rail equipment or trailer or tractor trailer, or combination thereof. Where a building consists of two or more units separately occupied or secure, each shall be deemed both a separate building and a part of the main building.
(2) STATE OF EMERGENCY. When the Governor duly proclaims the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by fire, flood, storm, epidemic, technological failure or accident, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism, man-made disaster, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city, or county and city and require the combined forces of a mutual aid region or regions to combat or an energy shortage which requires extraordinary measures beyond the authority vested in the Alabama Public Service Commission.
(b) A person commits the crime of looting if the person intentionally enters without authorization any building or real property during a state of emergency and obtains, exerts control over, damages, or removes the property of another person without lawful authority.
(c) The crime of looting is a Class C felony.
(d) The fact that a person may be subject to prosecution under this section shall not bar his or her prosecution or punishment for any other offense.
(Act 2012-316, p. 714, §1.)
For the purposes of this article, the following terms have the following meanings:
(1) FACILITY. Any of the following:
a. Any facility, as defined in Section 14-2-1, including existing facilities and facilities in the process of being constructed.
b. Any real property owned or leased by the Alabama Department of Corrections or its contractors to the outermost conspicuous physical barrier of the real property.
c. Any public road within 100 yards from the outermost conspicuous physical barrier of real property owned or leased by the Alabama Department of Corrections or its contractors.
(2) OPERATE. Any of the following actions in relation to an unmanned aircraft system:
a. Conducting flight operations.
b. Launching.
c. Landing or otherwise allowing an unmanned aircraft system to make contact with any person or real or personal property.
d. Flying.
e. Causing an unmanned aircraft system to drop any payload.
f. Causing an unmanned aircraft system to deploy or discharge an attached weapon, firearm, explosive, destructive device, or ammunition.
(3) PERSON. As defined in Section 13A-7-4.3.
(4) UNMANNED AIRCRAFT SYSTEM. As defined in Section 13A-7-4.3.
(Act 2024-222, §2.)
(a) Except as provided in subsection (b), a person may not:
(1) Operate an unmanned aircraft system within a horizontal distance of 500 feet or a vertical distance of 200 feet from a facility; or
(2) Operate an unmanned aircraft system to conduct surveillance of or photograph or otherwise record images of a facility.
(b) Subsection (a) does not apply to the use of an unmanned aircraft system by:
(1) The Alabama Department of Corrections;
(2) A person authorized by federal regulations to operate an unmanned aircraft system and who is operating the system in a lawful manner and consistent with federal regulations;
(3) The Armed Forces of the United States of America;
(4) The Alabama National Guard; or
(5) Any of the following with prior written permission from the Commissioner of the Department of Corrections:
a. A contractor working on behalf of the Department of Corrections;
b. Any state or federal law enforcement agency or public safety agency responding to an emergency;
c. A person engaged in official emergency functions or emergency management; or
d. Any state or federal public utility.
(c) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or county jail for not less than 30 days.
(Act 2024-222, §2.)
(a) A person may not introduce or attempt to introduce any contraband, as defined in Section 13A-10-30, into a facility via operation of an unmanned aircraft system.
(b) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or county jail for not less than 30 days.
(Act 2024-222, §2.)
(a) A person may not introduce or attempt to introduce any individual piece of an unmanned aircraft system into a facility.
(b) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or a county jail for not less than 30 days.
(Act 2024-222, §2.)
(a) The Department of Corrections may confiscate an unmanned aircraft system and any property, weapons, and contraband attached to or dropped from an unmanned aircraft system used in violation of this article.
(b) Any unmanned aircraft system and any property, weapons, and contraband attached to or dropped from an unmanned aircraft system is subject to civil forfeiture. The procedure for the seizure, forfeiture, condemnation, and disposition shall be the same as set out in Section 20-2-93.
(Act 2024-222, §2.)
(a) The Department of Corrections may take reasonable and necessary measures against an unmanned aircraft system operating in violation of this article, including, but not limited to, all of the following measures:
(1) Jamming, to the extent consistent with federal law and regulations, including those of the Federal Communications Commission.
(2) Hacking.
(3) Physical capture.
(4) Any other reasonable mitigation measure undertaken to neutralize, intercept, disable, or disrupt an unmanned aircraft system.
(b) This section shall not be construed to eliminate, alter, or otherwise modify any other immunity or defense available to the Department of Corrections or its officers, employees, or agents established by law.
(Act 2026-187, §1)
The Commissioner of the Department of Corrections shall adopt regulations as necessary to implement this article.
(Act 2024-222, §2.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) OPERATE. To act as the individual in direct and immediate control of an unmanned aircraft system, regardless of the method of control.
(2) TICKETED ENTERTAINMENT EVENT. Any music, sporting, or performing arts event held in a location with gated entries or barriers that prevent access to the general public and in which a revocable license that has been issued by an owner, operator, or lessee of the property is required for an individual to attend the event.
(3) UNMANNED AIRCRAFT SYSTEM. As defined in Section 13A-7-4.3.
(b)(1) It shall be unlawful to operate an unmanned aircraft system within 400 feet of or above a ticketed entertainment event.
(2) A violation of this subsection is punishable by a fine of up to five hundred dollars ($500).
(3) A second or subsequent violation of this subsection is a Class A misdemeanor.
(c) Subsection (b) shall not apply to an operator of an unmanned aircraft system in any of the following scenarios:
(1) The operator has obtained consent by any person with legal authority over the ticketed entertainment event.
(2) The operator is authorized by federal regulations to operate an unmanned aircraft system and is operating the system in a lawful manner consistent with federal regulations.
(3) The operator is an employee of the property where the event is being held and is conducting official business.
(4) The operator is an employee of a utility service provider and is conducting official business.
(5) The operator is an owner of private property who is operating an unmanned aircraft system that he or she owns above the private property, where the operation is consistent with federal regulations and is not done for commercial purposes, to convey or communicate a message, or to record for the purposes of commercial broadcasting, commercial publication, monitoring, or to otherwise interfere with a ticketed entertainment event.
(6) The operator is an employee or volunteer with a state agency, law enforcement agency, fire department, or emergency management agency and is conducting official business.
(7) The ticketed entertainment event is a middle school or high school sports event.
(Act 2026-306, §1.)
The following definitions are applicable in this article unless the context otherwise requires:
(1) DECEPTION occurs when a person knowingly:
a. Creates or confirms another’s impression which is false and which the defendant does not believe to be true; or
b. Fails to correct a false impression which the defendant previously has created or confirmed; or
c. Fails to correct a false impression when the defendant is under a duty to do so; or
d. Prevents another from acquiring information pertinent to the disposition of the property involved; or
e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property when the defendant is under a duty to do so, whether that impediment is or is not valid, or is not a matter of official record; or
f. Promises performance which the defendant does not intend to perform or knows will not be performed. Failure to perform, standing alone, however, is not proof that the defendant did not intend to perform.
The term “deception” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons. “Puffing” means an exaggerated commendation of wares or services.
(2) To “DEPRIVE ...” means:
a. To withhold property or cause it to be withheld from a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or
b. To dispose of the property so as to make it unlikely that the owner would recover it; or
c. To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or
d. To sell, give, pledge, or otherwise transfer any interest in the property; or
e. To subject the property to the claim of a person other than the owner.
(3) FIFTH WHEEL. Coupling between a trailer and a vehicle used for towing.
(4) FINANCIAL INSTITUTION. A bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
(5) FIREARM. A weapon from which a shot is discharged by gunpowder.
(6) GOVERNMENT. The United States, any state or any county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty.
As used in this definition “state” includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(7) OBTAINS. Such term means:
a. In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or
b. In relation to labor or service, to secure performance thereof.
(8) OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS UNAUTHORIZED CONTROL over property includes, but is not necessarily limited to, the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of, property, and includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses.
(9) OWNER. A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.
A secured party, as defined in Section 7-9A-102(a)(72), is not an owner in relation to a defendant who is a debtor, as defined in Section 7-9A-102(a)(28), in respect of property in which the secured party has a security interest, as defined in Section 7-1-201(37).
(10) PROPELLED VEHICLE. Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion.
(11) PROPERTY. Any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing on, affixed to, or found in land and documents, although the rights represented hereby have no physical location), contract right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing of value of any kind.
Commodities of a public utility nature, such as gas, electricity, steam, and water, constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property.
(12) RECEIVING. Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property.
(13) STOLEN. Obtained by theft, theft by appropriating lost property, robbery, or extortion.
(14) THREAT. A menace, however communicated, to:
a. Cause physical harm to the person threatened or to any other person; or
b. Cause damage to property; or
c. Subject the person threatened or any other person to physical confinement or restraint; or
d. Engage in other conduct constituting a crime; or
e. Accuse any person of a crime or cause criminal charges to be instituted against any person; or
f. Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or
g. Reveal any information sought to be concealed by the person threatened; or
h. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
i. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
j. Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or
k. Do any other act which would not in itself substantially benefit the actor but which is calculated to harm substantially another person with respect to his or her health, safety, business, calling, career, financial condition, reputation, or personal relationships.
(15) VALUE. The market value of the property at the time and place of the criminal act.
Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities shall be evaluated as follows:
a. The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
b. The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
When the value of property cannot be ascertained pursuant to the standards set forth above, its value shall be deemed to be an amount not exceeding five hundred dollars ($500).
Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense; provided, that only one conviction may be had and only one sentence enforced for all thefts included in such aggregate.
(Acts 1977, No. 607, p. 812, §3280; Acts 1978, No. 770, p. 1110; Act 2001-481, p. 647, §2; Act 2003-355, p. 962, §1; Act 2016-109, §1.)
(a) A person commits the crime of theft of property if he or she:
(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;
(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;
(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or
(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.
(b) The limitations period for any prosecution under subdivision (2) of subsection (a) does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within five years.
(Acts 1977, No. 607, p. 812, §3201; Act 2003-355, p. 962, §1; Act 2004-297, p. 419, §1; Act 2014-348, p. 1293, §1.)
(a) A person commits the crime of aggravated theft by deception if he or she does any of the following:
(1) He or she commits a theft of foreign or domestic funds, cash, or cash equivalent, that includes, but is not limited to, stocks, bonds, investments, or retirement accounts, that exceeds two hundred thousand dollars ($200,000) in value, if obtained by deception.
(2) He or she commits a theft of public funds or revenue of any state, county, or municipal government agency or department, or any governmental or political subdivision that exceeds one hundred thousand dollars ($100,000) in value, if obtained by deception.
(b) The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within six years.
(c) Aggravated theft by deception is a felony with a range of punishment of five to 30 years’ imprisonment and a fine of up to sixty thousand dollars ($60,000) per violation.
(d) Notwithstanding any other law, the maximum probation period shall not exceed 10 years unless otherwise authorized by law.
(e) A conviction for aggravated theft by deception shall be treated as a Class A or Class B felony for purposes of Section 15-18-8.
(f) A person may be charged with attempt, criminal solicitation, or criminal conspiracy to commit aggravated theft by deception if he or she engages in the conduct defined in Sections 13A-4-1, 13A-4-2, or 13A-4-3. A violation shall be punished the same as if the crime was completed pursuant to this section.
(Act 2019-513, §1.)
(a)(1) A person commits the crime of aggravated theft of employee retirement benefits if the person embezzles, steals, or unlawfully and willfully abstracts or converts to his or her own use or to the use of another, any of the monies, funds, premiums, credits, or other assets due to be paid as contributions to any employee retirement benefit plan or to any fund connected with an employee retirement benefit plan.
(2) For the purposes of this section, the term “employee retirement benefit plan” includes, but is not limited to, any plan under the Retirement Systems of Alabama including the Teachers’ Retirement System, the Employees’ Retirement System, and the Judicial Retirement Fund, and any plan established under Chapter 27A or Chapter 27C of Title 36.
(b) It is an affirmative defense to a prosecution under this section if an individual, in the course of his or her employment, acts in good faith reliance upon the direction or supervision of another under color of law or in a position of authority.
(c) The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within six years.
(d) Aggravated theft of employee retirement benefits is a Class C felony.
(e) Notwithstanding any other law, the maximum probation period shall not exceed 10 years unless otherwise authorized by law.
(f) A conviction for aggravated theft of employee retirement benefits shall be treated as a Class A or Class B felony for purposes of Section 15-18-8.
(Act 2025-367, §1.)
(a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree.
(b) The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree.
(c)(1) The theft of property which involves all of the following constitutes theft of property in the first degree:
a. The theft is a common plan or scheme by one or more persons; and
b. The object of the common plan or scheme is to sell or transfer the property to another person or business that buys the property with knowledge or reasonable belief that the property is stolen; and
c. The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period.
(2) If the offense under this subsection involves two or more counties, prosecution may be commenced in any one of those counties in which the offense occurred or in which the property was disposed.
(d) Theft of property in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3202; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2006-561, p. 1298, §1.)
(a) The theft of property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, constitutes theft of property in the second degree.
(b) Theft of property in the second degree is a Class C felony.
(c) The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree.
(d) The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value, constitutes theft of property in the second degree.
(e) The theft of any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value, constitutes theft of property in the second degree.
(Acts 1977, No. 607, p. 812, §3203; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1; Acts 1992, 2nd Ex. Sess., No. 92-682, p. 68, §1; Act 2003-355, p. 962, §1; Act 2004-627, p. 1421, §1; Act 2006-297, p. 608, §1; Act 2015-185, §2.)
(a) The theft of property that exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value, and which is not taken from the person of another, constitutes theft of property in the third degree.
(b) Theft of property in the third degree is a Class D felony.
(c) The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the third degree.
(Act 2015-185, §6.)
(a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the fourth degree.
(b) Theft of property in the fourth degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §3204; Acts 1978, No. 770, p. 1110; Acts 1992, 2nd Ex. Sess., No. 92-682, p. 68, §2; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
(a) As used in this section, the following terms have the following meanings:
(1) MAIL. A letter, postcard, package, bag, or other sealed article to which either of the following apply:
a. Is delivered by the United States Postal Service, a common carrier, or a delivery service and has not yet been received by the person to whom it is addressed.
b. Has been left in a location for delivery by the United States Postal Service, a common carrier, or a delivery service.
(2) SENSITIVE PERSONALLY IDENTIFYING INFORMATION. The term as defined under Section 8-38-2.
(b) A person commits the crime of mail theft if both of the following occur:
(1) The person takes mail addressed to another person from the addressee’s mailbox or other premises.
(2) The person acts without the effective consent of the addressee and with the intent to deprive the addressee of the mail.
(c)(1) Except as otherwise provided in this subsection, mail theft is a Class A misdemeanor.
(2) Mail theft is a Class D felony if mail is unlawfully taken from 10-29 addresses.
(3) Mail theft is a Class C felony if mail is unlawfully taken from 30 or more addresses.
(d) If it is established that a person committed mail theft under subsection (b) with the intent to obtain the sensitive personally identifying information to defraud the addressee, the person shall be punished as follows:
(1) If mail is unlawfully taken from less than 10 addresses, the person shall be guilty of a Class C felony.
(2) If mail is unlawfully taken from 10 or more addresses, the person shall be guilty of a Class B felony.
(e)(1) A person commits the crime of receiving stolen mail if the person intentionally receives, retains, or disposes of stolen mail knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the mail is received, retained, or disposed of with intent to restore it to the owner.
(2) A person shall be deemed to have acted with the requisite intent, knowledge, and belief to commit the crime of receiving stolen mail if any of the following occur:
a. On two separate occasions within a year prior to the commission of the instant offense of receiving stolen mail, the person is found in possession or control of stolen mail or other stolen property.
b. The person possesses stolen mail that has recently been stolen.
c. The person regularly buys, sells, uses, or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property had a legal right to do so.
(3) For purposes of this subsection, the fact that the person who stole the mail has not been convicted, apprehended, or identified is not a defense to a charge of receiving stolen mail.
(4)a. Receiving stolen mail is a Class A misdemeanor.
b. Receiving stolen mail with sensitive personally identifying information with intent to defraud the addressee is a Class C felony.
(Act 2025-428, §1.)
A person commits the crime of theft of lost property if he actively obtains or exerts control over the property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or the amount of the property, and with intent to deprive the owner permanently of it, he fails to take reasonable measures to discover and notify the owner.
(Acts 1977, No. 607, p. 812, §3205.)
(a) The theft of lost property which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the first degree.
(b) Theft of lost property in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3206; Act 2003-355, p. 962, §1.)
(a) The theft of lost property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the second degree.
(b) Theft of lost property in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3207; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
(a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of lost property in the third degree.
(b) Theft of lost property in the third degree is a Class D felony.
(Act 2015-185, §6.)
(a) The theft of lost property which does not exceed five hundred dollars ($500) in value constitutes theft of lost property in the fourth degree.
(b) Theft of lost property in the fourth degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §3208; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
(a) A person commits the crime of theft of services if:
(1) He intentionally obtains services known by him to be available only for compensation by deception, threat, false token or other means to avoid payment for the services; or
(2) Having control over the disposition of services of others to which he is not entitled, he knowingly diverts those services to his own benefit or to the benefit of another not entitled thereto.
(b) “Services” includes but is not necessarily limited to labor, professional services, transportation, telephone or other public services, accommodation in motels, hotels, restaurants or elsewhere, admission to exhibitions, computer services and the supplying of equipment for use.
(c) Where compensation for services is ordinarily paid immediately upon the rendering of them, as in the case of motels, hotels, restaurants and the like, absconding without payment or bona fide offer to pay is prima facie evidence under subsection (a) that the services were obtained by deception.
(d) If services are obtained under subdivision (a)(1) from a hotel, motel, inn, restaurant or cafe, no prosecution can be commenced after 120 days from the time of the offense.
(Acts 1977, No. 607, p. 812, §3210; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1.)
(a) The theft of services which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of services in the first degree.
(b) Theft of services in the first degree is a Class B felony.
(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1.)
(a) The theft of services between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes theft of services in the second degree.
(b) Theft of services in the second degree is a Class C felony.
(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
(a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of services in the third degree.
(b) Theft of services in the third degree is a Class D felony.
(Act 2015-185, §7.)
(a) The theft of services which does not exceed five hundred dollars ($500) in value constitutes theft of services in the fourth degree.
(b) Theft of services in the fourth degree is a Class A misdemeanor.
(Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
(a) For purposes of this section:
(1) ARTICLE. Any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(2) COPY. A facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.
(3) REPRESENTING. Describing, depicting, containing, constituting, reflecting, or recording.
(4) TRADE SECRET. The whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.
(5) TRADEMARK. Any word, name, symbol, or device adopted and used by any person or business entity to identify his goods or services, and to distinguish them from the goods or services of others.
(b) A person commits the crime of “theft of trade secrets or trademarks” if, without the owner’s effective consent, he knowingly:
(1) Steals a trade secret;
(2) Makes a copy of an article representing a trade secret;
(3) Communicates or transmits a trade secret;
(4) Makes a copy or reproduction of a trademark for any commercial purpose; or
(5) Sells an article on which a trademark is reproduced knowing said trademark was used without the owner’s consent.
(c) Theft of trade secrets or trademarks is a Class C felony.
(Acts 1983, No. 83-563, p. 864; Acts 1984, No. 84-278, p. 465, §1.)
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) CONGRESSIONAL MEDAL OF HONOR. Includes any of the following:
a. A Medal of Honor awarded under Section 3741, 6241, or 8741 of Title 10 or Section 491 of Title 14 of the United States Code.
b. A duplicate Medal of Honor issued under Section 3754, 6256, or 8754 of Title 10 or Section 504 of Title 14 of the United States Code.
c. A replacement of a Medal of Honor provided under Section 3747, 6253, or 8747 of Title 10 or Section 501 of Title 14 of the United States Code.
(2) MATERIAL GAIN. Something of value received, bestowed, conferred, presented, granted, contributed, funded, gifted, donated, bequeathed, decided, or approved, regardless of the monetary, rumunerative, or tangible value. This includes, but is not limited to, food, lodging, compensation, travel expenses, placards, public benefits, public relief, financial relief, or anything in which or for which a tangible benefit was gained, even if the value of such is de minimis.
(b) A person commits the crime of theft of valor if he or she does any of the following:
(1) Knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges anything of value for any of the following and receives a material gain, unless the person is authorized under applicable state or federal regulations or law:
a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.
b. A service medal or badge awarded to a member of the Armed Forces of the United States.
c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.
(2) Falsely represents himself or herself, verbally or in writing, to have been awarded any of the following in order to receive, or attempt to receive, a material gain:
a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.
b. A service medal or badge awarded to a member of the Armed Forces of the United States.
c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.
(c)(1) Except as provided in subdivisions (2) and (3), theft of valor is a Class B misdemeanor.
(2) If any of the following decorations or medals, including a duplicate or replacement thereof, are the subject of an offense under subsection (b), the offense is a Class A misdemeanor and a minimum fine of five thousand dollars ($5,000) shall be imposed:
a. A Distinguished-Service Cross awarded under Section 3742 of Title 10 of the United States Code.
b. A Navy Cross awarded under Section 6242 of Title 10 of the United States Code.
c. An Air Force Cross awarded under Section 8742 of Section 10 of the United States Code.
d. A Silver Star awarded under Section 3746, 6244, or 8746 of Title 10 of the United States Code.
e. A Purple Heart awarded under Section 1129 of Title 10 of the United States Code.
(3) If a Congressional Medal of Honor is the subject of an offense under subsection (b), the offense is a Class C felony.
(d) Notwithstanding any other law, the limitation period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the offense.
(Act 2015-69, §2.)
(a) A person commits the crime of cargo theft if the person knowingly obtains or exerts unauthorized control over either of the following:
(1) A vehicle engaged in commercial transportation of cargo or an appurtenance thereto, including, without limitation, a trailer, semitrailer, container, railcar, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another, with the intention of depriving the other person of the property, regardless of the manner in which the property is taken or appropriated.
(2) A trailer, semitrailer, container, railcar, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another, with the intention of depriving the other person of the property, regardless of the manner in which the property is taken or appropriated.
(b)(1) Cargo theft that has a collective value in excess of fifty thousand dollars ($50,000) is a Class B felony, except the punishment shall be a term of imprisonment of not less than 10 years nor more than 20 years and a fine not to exceed one hundred fifty thousand dollars ($150,000).
(2) Cargo theft that has a collective value exceeding ten thousand dollars ($10,000), but not exceeding fifty thousand dollars ($50,000), is a Class C felony, except the offense shall be punishable by a term of imprisonment of not less than five years nor more than 10 years and a fine not to exceed seventy-five thousand dollars ($75,000).
(3) Cargo theft that has a collective value exceeding five hundred dollars ($500), but does not exceed ten thousand dollars ($10,000), is a Class D felony, except the offense shall be punishable by a term of imprisonment of not less than two years and a fine not to exceed twenty thousand dollars ($20,000).
(4) Cargo theft that has a collective value of five hundred dollars ($500) or less, is a Class A misdemeanor.
(5) A person convicted of cargo theft may also be disqualified from driving a commercial motor vehicle for a period of one year for the first conviction and for life for the second or subsequent conviction, subject to possible reduction as provided in subsection (c) of Section 32-6-49.11.
(Act 2016-109, §2.)
(a) A person commits the crime of fifth wheel tampering if the person, with the intent to commit cargo theft does either of the following:
(1) Modifies, alters, or attempts to alter a fifth wheel or the antitheft locking device attached.
(2) Sells, possesses, offers to sell, moves, or causes to be moved on the highways of this state a modified or altered fifth wheel.
(b) Fifth wheel tampering is a Class C felony.
(Act 2016-109, §2.)
(a) A person commits the crime of unauthorized use of a vehicle if:
(1) Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle; or
(2) Having custody of propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, he intentionally uses or operates it, without the consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or
(3) Having custody of a propelled vehicle pursuant to an agreement with the owner thereof whereby it is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement.
(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony.
(b) A person commits the crime of unlawful breaking and entering a vehicle if, without the consent of the owner, he breaks into and enters a vehicle or any part of a vehicle with the intent to commit any felony or theft. For the purposes of this section, “enters” means to intrude:
(1) Any part of the body; or
(2) Any physical object connected with the body.
(3) Unlawful breaking and entering a vehicle is a Class C felony.
(Acts 1977, No. 607, p. 812, §3225; Acts 1979, No. 79-664, p. 1163, §1.)
(a) It is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him.
(b) The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)
A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property.
(Acts 1977, No. 607, p. 812, §3235.)
(a) Extortion by means of a threat, as defined in paragraphs (13)a or (13)c of Section 13A-8-1, constitutes extortion in the first degree.
(b) Extortion in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3236.)
(a) Extortion by means of a threat, as defined in paragraphs (13)b or (13)d through (13)k of Section 13A-8-1, constitutes extortion in the second degree.
(b) A person is not liable under this section for a threat, as defined in paragraph (13)e of Section 13A-8-1, if he honestly claims the property as restitution or indemnification for harm done in the circumstances to which the threat relates, or as compensation for property or lawful services. The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
(c) Extortion in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3237.)
(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.
(b) If a person:
(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or
(2) Possesses goods or property which have been recently stolen; or
(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.
(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
(Acts 1977, No. 607, p. 812, §3240; Acts 1979, No. 79-664, p. 1163, §1.)
(a) Receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree.
(b) Receiving stolen property in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3241; Act 2003-355, §1.)
(a) Any of the following constitutes receiving stolen property in the second degree:
(1) Receiving stolen property that is between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value.
(2) Receiving stolen property of any value under the circumstances described in subdivision (b)(3) of Section 13A-8-16.
(3) Receiving stolen property that is a firearm, rifle, or shotgun, regardless of its value.
(b) Receiving stolen property in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3242; Acts 1979, No. 79-471, p. 812, §1; Act 2003-355, p. 962, §1; Act 2015-185, p. 476, §2; Act 2019-521, §1.)
(a) Receiving stolen property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes receiving stolen property in the third degree.
(b) Receiving stolen property in the third degree is a Class D felony.
(Act 2015-185, §6.)
(a) Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the fourth degree.
(b) Receiving stolen property in the fourth degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §3243; Acts 1979, No. 79- 471, p. 862, §1; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere shall, on conviction, be punished as if he had stolen it in this state.
(Code 1852, §167; Code 1867, §3713; Code 1876, §4368; Code 1886, §3793; Code 1896, §5053; Code 1907, §7328; Code 1923, §4911; Code 1940, T. 14, §337; Code 1975, §13-3-54.)
Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false pretense, with intent to defraud, shall, on conviction, be punished as if he had stolen the same.
(Code 1886, §3818; Code 1896, §4736; Code 1907, §6926; Code 1923, §4140; Code 1940, T. 14, §218; Code 1975, §13-3-96.)
(a) A person commits the crime of obscuring identity of a vehicle if:
(1) He obscures the manufacturer’s serial number or any other distinguishing identification number or mark upon any vehicle or component part thereof, except tires, with intent to render it unidentifiable; or
(2) He possesses a vehicle or component part thereof knowing that the manufacturer’s serial number or other identification number or mark has been obscured unless he legally acquired ownership of the vehicle or part before the manufacturer’s serial number was obscured or before he knew it was obscured.
(b) “Obscure” means to remove, deface, cover, alter, destroy or otherwise render unidentifiable.
(c) “Vehicle” means any propelled device in, upon or by which any person or property is transported on land, water or in the air, including stationary rails or tracks, and includes motor vehicles, motorboats, vessels and aircraft.
(d) Proof that a person has obscured the manufacturer’s serial number or other distinguishing identification number or mark on a vehicle is prima facie evidence that he did so with the intent to render it unidentifiable within the meaning of subdivision (a)(1) of this section.
(e) Possession of a vehicle held for sale in the course of business on which the serial number or other identification number or mark has been obscured is prima facie evidence of knowledge of that fact.
(f) A report by the defendant to the police or other appropriate government agency before arrest is a defense to a charge of violating subdivision (a)(2) of this section. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(g) Obscuring identity of a vehicle is a Class C felony.
(Acts 1977, No. 607, p. 812, §3250; Acts 1978, No. 770, p. 1110.)
(a) A person, as defined in Section 32-8-2, who advertises in a newspaper, on a website, on a public display or sign, or through an online service, for the purchase of a salvage or junk branded motor vehicle shall clearly and conspicuously disclose on the advertisement his or her true and correct company name, physical address, telephone number, and current license number issued under, and registered in accordance with, Article 8 or Article 9, Chapter 12, Title 40, or Chapter 8, Title 13A.
(b)(1) A person who advertises in violation of subsection (a) commits a Class A misdemeanor.
(2) A person required by state law to be licensed as a motor vehicle dealer, who is not licensed, and who advertises in violation of subsection (a), commits a Class A misdemeanor.
(3) One half of any fines assessed and collected for violations of this subsection shall be deposited into the General Fund and one half of any fines assessed and collected for violations of this subsection shall be deposited with the local law enforcement agency that has jurisdiction over the crime committed.
(c) Subsections (a) and (b) do not apply to either of the following:
(1) A person who offers to purchase a motor vehicle on his or her behalf for personal purposes other than rebuilding, dismantling, or recycling into metallic scrap as provided by Section 32-8-87, or a motor vehicle that meets the conditions set forth in paragraph f. of subdivision (2) of subsection(s) of Section 32-8-87.
(2) A motor vehicle dealer with an advertisement that is physically attached to the outside of its physical address or location, located on dealership property, or on an easement directly adjacent to dealership property.
(d) This section does not apply to any of the following:
(1) A person conducting a private transaction seeking to sell his or her own personal vehicle.
(2) A person licensed under Article 8 or Article 9, Chapter 12, Title 40.
(3) A person registered in accordance with Article 1A, Chapter 8, Title 13A.
(Act 2017-191, §1.)
(a) The following terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:
(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant by the entirety of the whole or part of any building.
(2) PERSON. Includes a corporation, firm, company, or association.
(3) TENANT or OCCUPANT. Shall include any person who occupies the whole or a part of any building whether alone or with others and shall include the owner.
(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas, or water or any combination thereof for sale to consumers in any particular service area.
(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its customers.
(b) It shall be unlawful for a tenant, occupant, or any other person to commit any of the following acts which could, or in fact does, make gas, electricity, or water unlawfully available to such tenant, occupant, or person, or to another:
(1) To connect any tube, pipe, wire, or other instrument with any meter, device, or other instrument used for conducting gas, electricity, or water in such a manner as to permit the use of said gas, electricity, or water without the same passing through a meter or other instrument recording the usage for billing.
(2) To alter, injure, turn on, or prevent the action of a meter, valve, stopcock, or other instrument used for measuring quantities of gas, electricity, or water.
(3) To break, deface, or cause to be broken or defaced any seal, locking device, or other parts that make up a metering device for recording usage of gas, electricity, or water or a security system for the recording device.
(4) To remove a metering device for measuring quantities of gas, electricity, or water.
(5) To transfer from one location to another a metering device for measuring utilities of gas, electricity, or water.
(6) To use a metering device belonging to the utility that has not been assigned to the location and installed by the utility.
(7) To adjust the indicated consumption, to jam the measuring device, to bypass the meter or measuring device with a jumper so that it does not indicate use or registers incorrectly, or to otherwise obtain quantities of gas, electricity, or water from the utility without same passing through a metering device for measuring quantities of consumption for billing.
(8) To fabricate or to use a device to pick or otherwise tamper with the locks used to deter current diversion, meter tampering, and meter thefts.
(9) To otherwise take any action resulting in the diversion or unauthorized use of gas, electricity, or water.
(c) Any property on which it is found to have electric, gas, or water utilities tampered with in violation of this section and capable of receiving gas, electricity, or water as a result of the use of any method of diversion prohibited herein shall be prima facie evidence and create against the tenant, occupant, or other person a presumption of intent to tamper or divert in violation of this section.
(d) Any occupant, tenant, or other person who violates this section, and any person who aids and abets in such prohibited acts, who shall be deemed a principal to such acts, shall be guilty of a Class C felony if the theft amount exceeds five hundred dollars ($500) in value and a Class A misdemeanor if the theft amount is less than or equal to five hundred dollars ($500) in value, as provided by the state criminal code, and upon conviction, be punished as prescribed by law.
(e) The provisions of this section are supplemental to the provisions of the offense of theft of services as provided in Section 13A-8-10, and shall in no way repeal or modify Section 13A-8-10.
(Acts 1986, No. 86-429, p. 795; Act 2003-355, p. 962, §1.)
As used in this article, the following terms have the following meanings:
(1) FERROUS METALS. Any metals containing significant quantities of iron or steel, excluding motor vehicles purchased in accordance with Section 32-8-87.
(2) LAW ENFORCEMENT OFFICER. A duly constituted and certified peace officer of the State of Alabama or of any county or municipality within the state.
(3) METAL PROPERTY. Metals as defined in this section as either ferrous or nonferrous metals.
(4) NONFERROUS METALS. Metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel beer kegs.
(5) PERSON. An individual, partnership, corporation, joint venture, trust, association, or any other legal entity.
(6) PERSONAL IDENTIFICATION CARD. A driver’s license or identification card issued by the Alabama State Law Enforcement Agency or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security.
(7) PHOTOGRAPH. A still photographic image, including an image captured in digital format, which is of such quality that the persons and objects depicted are identifiable.
(8) PURCHASE TRANSACTION. A transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property.
(9) SECONDARY METALS RECYCLER. Any person, whether licensed or not licensed, who is engaged, from a fixed location or otherwise, in the business of paying compensation for ferrous or nonferrous metals, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. The term does not include a pawnbroker licensed pursuant to Chapter 19A of Title 5, or a licensed automotive dismantler and parts recycler as defined in Section 40-12-410, unless the entities engage in the business of paying compensation for ferrous or nonferrous metals.
(10) VERIFIABLE DOCUMENTATION. Written evidence of ownership which may be verified, including, but not limited to, receipts, bills of sale, titles, certificates of title, purchase agreements, shipping manifests, work orders, etc.
(Act 2007-451, p. 930, §1; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)
(a) A secondary metals recycler shall maintain a legible record of all purchase transactions of ferrous or nonferrous metals to which the secondary metals recycler is a party. The record shall include all of the following information:
(1) The name and address of the secondary metals recycler.
(2) The name or identification of the employee responsible for making the purchase on behalf of the secondary metals recycler.
(3) The date and time of the transaction.
(4) The weight, quantity, or volume and a description of the type of metal property purchased in a purchase transaction. For purposes of this subdivision, the term “type of metal property” shall include a general physical description, such as wire, tubing, extrusions, or casting.
(5) The amount of consideration given in a purchase transaction for the metal property.
(6) A signed statement from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the metal property or is authorized to sell the metal property being sold.
(7) The name and address of the person delivering the metal property to the secondary metals recycler.
(8) A photocopy or scanned copy of the personal identification card of the person delivering the metal property to the secondary metals recycler, including the distinctive number from, and type of, the personal identification card of the person delivering the metal property to the secondary metals recycler.
(9) The vehicle license tag number and state of issue, or the vehicle identification number if no vehicle license tag is available, and the type of vehicle used to deliver the metal property to the secondary metals recycler. For purposes of this subdivision, the term “type of vehicle” shall mean an automobile, pickup truck, van, or truck.
(10) A digital photograph or video recording of the person delivering or receiving consideration for the metal property delivered to the secondary metals recycler in which the person’s facial features are clearly visible and a photograph or video recording of the metal property as delivered or sold in which the type of metal property is identifiable. The time and date shall be digitally recorded on the photograph or video recording.
(b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) for not less than one year from the date of the purchase transaction.
(c) Any person who intentionally violates the requirements of subsections (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(d) It shall be unlawful for any person to give false information and receive money or other consideration from a secondary metals recycler in return for metal property. Any person in violation of this subsection shall be guilty of a Class C felony.
(Act 2007-451, p. 930, §2; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)
(a) A secondary metals recycler may not enter into any cash transactions in excess of fifty dollars ($50) for copper, copper/aluminum air conditioning coils, or catalytic converters, or any items described in subdivision (a)(2) or (a)(10) of Section 13A-8-37, or any cash transaction in excess of five hundred dollars ($500) for all other metals in payment for the purchase of metal property. Payment by check may be made payable only to the person whose information was recorded pursuant to Section 13A-8-31.
(b) It shall be unlawful for a secondary metals recycler to purchase metal property from a person younger than 18 years of age.
(c) Metal property may not be purchased between the hours of 9:00 p.m. and 6:00 a.m.
(d) Any person who intentionally violates the requirements of this section shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(Act 2012-426, p. 1149, §2; Act 2022-114, §3.)
(a) All secondary metals recyclers subject to this article shall register with the Alabama Criminal Justice Information Center (ACJIC) by August 31, 2012, and shall pay an annual registration fee of two hundred fifty dollars ($250) to ACJIC. In the event the electronic reporting system is not fully implemented by August 1, 2012, the record maintenance and reporting requirements of the current law shall remain in full force and effect until such time as the ACJIC electronic reporting system is fully implemented. The registration shall include the name of the business, address of the business, telephone number, and the name of the owner or owners of the business.
(b)(1) Prior to January 1, 2013, secondary metals recyclers shall continue to abide by any reporting requirements currently in effect and followed by the recyclers.
(2) Effective January 1, 2013, secondary metals recyclers shall enter the information required by subdivisions (1), (3), (4), (5), (7), and (9) of subsection (a) of Section 13A-8-31 into a database maintained by the ACJIC and shall transmit such information electronically to the database no later than 9:00 P.M. on the day of a purchase transaction. The ACJIC Commission in consultation with the members of the Alabama Recycling Association shall promulgate rules, regulations, and policies for the receipt and dissemination of the information in the database through ACJIC information systems. All information reported by secondary metals recyclers pursuant to this section shall be considered to be confidential and privileged and exempt from disclosure under Section 41-13-1. The ACJIC Commission shall ensure that adequate safeguards are incorporated and maintained so that the data may be accessed and used only by properly authorized law enforcement agencies for the purpose of investigating thefts of metal property. Any person releasing or using this data in an unauthorized manner shall be subject to the provisions of Section 13A-10-82.
(c) Any person who intentionally violates the requirements of this section shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(Act 2012-426, p. 1149, §2.)
During the usual and customary business hours of a secondary metals recycler, a law enforcement officer, after properly identifying himself or herself as a law enforcement officer, shall have the right to inspect:
(1) All purchased metal property in the possession of the secondary metals recycler.
(2) All records required to be maintained under Section 13A-8-31.
(Act 2007-451, p. 930, §3; Act 2012-426, p. 1149, §1.)
(a)(1) Whenever a law enforcement officer has reasonable suspicion to believe that any item of metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer, may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this section.
(2) Upon receipt of the notice, the secondary metals recycler may not process or remove the items of metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer.
(b)(1) No later than the expiration of the 15-day period, a law enforcement officer after receiving additional substantive evidence may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this section.
(2) Upon receipt of the extended hold notice, the secondary metals recycler may not process or remove the items of metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer.
(c) At the expiration of the hold period or, if extended in accordance with this section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the metal property unless other disposition has been ordered by a court of competent jurisdiction.
(d) Any person who intentionally violates the requirements of subsection (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(Act 2007-451, p. 930, §4; Act 2012-426, p. 1149, §1.)
(a) If the secondary metals recycler contests the identification or ownership of the metal property, the party other than the secondary metals recycler claiming ownership of any metal property in the possession of the secondary metals recycler may, provided that a timely report of the theft of the metal property was made to the proper authorities, bring an action in the circuit court of the county in which the secondary metals recycler is located. The petition for the action shall include a description of the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the secondary metals recycler. If the person who sold the metal property to the secondary metals recycler is convicted of theft of property or criminal mischief related to the removal of the metal property, the court shall order the defendant to make full restitution to the victim including, without limitation, attorney fees, court costs, and property damage which resulted from the theft of property, and other expenses.
(b) When a lawful owner recovers stolen metal property from a secondary metals recycler who has complied with this article, and the person who sold the metal property to the secondary metals recycler is convicted of a violation of this article, or theft by receiving stolen property, the court shall order the defendant to make full restitution, including, without limitation, attorneys’ fees, court costs, and other expenses to the secondary metals recycler.
(Act 2007-451, p. 930, §5; Act 2012-426, p. 1149, §1.)
This article shall not apply to purchases of metal property from any of the following:
(1) A law enforcement officer acting in an official capacity unless the law enforcement officer is investigating a compliance issue pursuant to this article or is presenting metal property for sale.
(2) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler.
(3) Any public official acting under a court order who has presented proof of such status to the secondary metals recycler.
(4) A sale or the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler.
(5) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
(6) A municipal, county, state, federal, or other governmental entity.
(7) A utility company.
(8) A funeral home or the owner or operator of a cemetery.
(Act 2007-451, p. 930, §6; Act 2012-426, p. 1149, §1.)
(a) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property in any amount by the person or a third party.
(b) A public or private owner of metal property is not civilly liable for a person’s injuries caused by a dangerous condition created as a result of the theft or attempted theft of the owner’s metal property in any amount when the owner of the metal property did not know and could not have reasonably known of the dangerous condition.
(c) This section does not create or impose a duty of care upon an owner of metal property that would not otherwise exist under common law.
(Act 2012-426, p. 1149, §2.)
(a) It is unlawful for a person with the intent to damage property and having no right to do so or any reasonable ground to believe that he or she has such a right, damages or destroys any of the following:
(1) Telecommunications, cable communications, or electric power transmission pedestal or pole owned or operated by a telecommunications, cable, or electric power company or cooperative, or electric power supplier, or railroad.
(2) Telecommunications, cable communications, or electric power grounding or any other equipment or materials used in the delivery of electricity, wire, fiber insulator, power supply transformer, ground wire, or other apparatus, equipment, or fixture used in the transmission of telecommunications, cable communications, or electric power owned or operated by a telecommunications, cable, or electric power company or cooperative, or electric power supplier, or railroad.
(3) Equipment used in the transmission of wireless communications or related to wireless communications.
(4) Equipment used at any facility of over the air broadcast companies.
(5) Railroad materials and lading, including, but not limited to, any rail telecommunications; cable communications; power and signal equipment and wires; road/rail crossing signals, equipment, and wires; metal property lading being transported by a railroad; and any railroad track and other operating materials, including switch component, spike, angle bar, tie plate or bolt of the type used in constructing railroads.
(6) Electric power line, gas line, water line, wire or fiber insulators, electric motors or other apparatus, heating and cooling systems, and environmental control systems that are connected to farm shops, on-farm grain drying and storage complexes, animal production facilities, irrigation systems, greenhouse facilities, or other agricultural, forestry, or food-related activities, equipment, structures, systems, or vehicles.
(7) Any electric power line, gas line, water line, wire or fiber insulators, fencing, gates, security structures, electric motors or other apparatus, metering instruments, communications antenna, environmental control systems, and processing plants that are connected to oil, natural gas, coalbed methane, shale gas, or other petroleum producing properties, equipment, structures, systems, or vehicles.
(8) Any metal property from a school, place of worship, or a secondary metals recycler’s premises.
(9) A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils, unless any one of the following criteria are satisfied:
a. The condenser coils are being sold by a licensed contractor, HVAC contractor, plumber, or electrician and a current and valid license with number is provided at the time of sale and copied or scanned by the secondary metals recycler at the time of sale.
b. The condenser coils are being sold by a person with verifiable documentation, such as a receipt or work order, indicating that the condenser coils are the result of a replacement of an air conditioner unit or condenser coils performed by a licensed contractor.
(10) Utility access covers, manhole covers, or storm drain covers, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(11) Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized or any other metal historic markers or monuments or the attached support or post to either, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(b) Any person in violation of this section shall be guilty of a Class C felony.
(c) Any person in violation of this section shall be guilty of a Class B felony if the damage or destruction causes imminent danger to the health and safety of the public, a metal owner’s employees, first responders, law enforcement officers, or utility workers, or cause an interruption in communications services or electric utility services. For purposes of this subsection, “imminent danger” means the existence of any condition that could hinder or disrupt the normal operation of equipment, systems, or services provided for the health and safety of the public, metal owner’s employees, first responders, law enforcement officers, or utility workers or cause an interruption in communications services or electric utility services.
(d) At the time of sentencing of any person convicted under this section, the judge may order restitution in an amount determined by the court; provided, however, the amount shall not be less than the value of the metal property determined to have been damaged or stolen and shall include the cost of replacement and the cost to repair any and all damage caused during the commission of the crime for which the person is convicted.
(Act 2007-451, p. 930, §7; Act 2012-426, p. 1149, §1.)
(a) It is unlawful for a person to possess or control the following property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed or controlled with intent to restore it to the owner:
(1) Metal property marked with the initials of an electrical company, a telephone company, a cable company, another public utility, a railroad, or a brewer.
(2) Utility access covers, manhole covers, or storm drain covers, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(3) Street light poles and fixtures, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(4) Road and bridge guard rails unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(5) Highway or street signs, traffic light signals, and traffic directional and control signs unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(6) Water meter covers unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(7) Metal beer kegs including those made of stainless steel that are clearly marked as being the property of a beer manufacturer unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(8) Metal property marked with the name of a government entity.
(9) Unused and undamaged building construction or utility materials consisting of copper, pipe, tubing or wiring, aluminum wire, or historical markers.
(10) Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(11) A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils, unless any one of the following criteria are satisfied:
a. The condenser coils are being sold by a licensed contractor, HVAC contractor, plumber, or electrician and a current and valid license with number is provided at the time of sale and copied or scanned by the secondary metals recycler at the time of sale.
b. The condenser coils are being sold by a person with verifiable documentation, such as a receipt or work order, indicating that the condenser coils are the result of a replacement of an air conditioner unit or condenser coils performed by a licensed contractor.
(b) Any person who violates the requirements of subdivision (a)(2) or (a)(10) shall be guilty of a Class C felony for a first offense, a Class B felony for a second offense, and a Class A felony for a third or subsequent offense within a 10-year period.
(c) Any person who violates the requirements of subdivision (1), (3), (4), (5), (6), (7), (8), or (9) of subsection (a) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(Act 2007-451, p. 930, §8; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)
(a) It is unlawful for a secondary metals recycler to purchase the following property unless a copy of verifiable documentation in addition to the signed statement required by subdivision (a)(6) of Section 13A-8-31 is provided to the secondary metals recycler that the seller is the owner of the property:
(1) Catalytic converters that are not part of an entire motor vehicle.
(2) Metal property of a telephone company, an electric company, a cable company, a water company, another utility, or a railroad marked or otherwise identified as such.
(3) Copper wire that has been burned to remove the insulation, unless verifiable documentation is provided that the source of the copper wire was in a building destroyed by fire.
(4) A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils, unless any one of the following criteria are satisfied:
a. The condenser coils are being sold by a licensed contractor, HVAC contractor, plumber, or electrician and a current and valid license with number is provided at the time of sale and copied or scanned by the secondary metals recycler at the time of sale.
b. The condenser coils are being sold by a person with verifiable documentation, such as a receipt or work order, indicating that the condenser coils are the result of a replacement of an air conditioner unit or condenser coils performed by a licensed contractor.
(5) Utility access covers, manhole covers, or storm drain covers, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(6) Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized or any other metal historic markers or monuments or the attached support or post to either, unless the seller is a company that deals in the manufacture or sale of the aforementioned products.
(7) Any metal property that has been brightly painted or marked to deter theft of the property.
(8) Ventilation fans or similar fans designed to supply fresh air to workers in confined spaces, such as underground mines or other similar circumstances.
(b) Any person in violation of this section shall be guilty of a Class B felony.
(Act 2012-426, p. 1149, §2; Act 2022-114, §3.)
Compliance by a secondary metals recycler with Sections 13A-8-31, 13A-8-31.1, 13A-8-31.2, and 13A-8-37.1, with regard to a purchase of metal property shall be recognized by law enforcement agencies and the Alabama state courts as evidence that the possession of the metal property is lawful.
(Act 2012-426, p. 1149, §2.)
(a) It is unlawful for any person to purchase, or otherwise acquire, a used, detached catalytic converter, or any nonferrous part thereof, unless all of the following apply:
(1) The person is registered as a secondary metals recycler under Section 13A-8-31.2.
(2) The sale or purchase occurs at the fixed business address of a secondary metals recycler that is a party to the transaction. For purposes of this subdivision, “fixed business address” of the secondary metals recycler means the address of the business that is registered with the Alabama Criminal Justice Information Center pursuant to Section 13A-8-31.2; provided, however, the term may also include the licensed address of a secondary metals recycler, new or used motor vehicle dealer, automotive repair service, motor vehicle manufacturer, licensed automotive dismantler and parts recycler, or distributor of catalytic converters, who sells or purchases the used, detached catalytic converter.
(3) The person has maintained all of the information required under Section 13A-8-31 regarding the transaction.
(b)(1) It is unlawful for a person to sell or possess a used, detached catalytic converter unless either of the following:
a. The person is a registered secondary metals recycler, licensed new or used motor vehicle dealer, licensed automotive repair service, motor vehicle manufacturer, licensed automotive dismantler and parts recycler, or licensed distributor of catalytic converters, and a copy of the seller’s valid business license is received and maintained by the person at the time of the transaction.
b. The person provides the purchaser with all of the following information for the motor vehicle from which the catalytic converter or part thereof was taken:
The name of the person that removed the catalytic converter.
The name of the person for whom the removal was completed.
The make and model of the vehicle from which the catalytic converter was removed.
The vehicle identification number of the vehicle from which the catalytic converter was removed.
The part number or other identifying number of the catalytic converter that was removed.
A copy of the driver’s license or nondriver identification card of the seller of the catalytic converter.
A copy of the certificate of title or certificate of registration showing the seller’s ownership interest in the vehicle.
(2) Before each purchase or acquisition of a used, detached catalytic converter or part thereof, the secondary metals recycler, including an agent, employee, or representative thereof, shall do both of the following:
a. Verify, by obtaining the applicable documentation, that the person transferring or selling the used, detached catalytic converter acquired it legally and has the right to transfer it or sell it.
b. Retain a record of the applicable verification and other information required under Section 13A-8-31, and note in the business records of the secondary metals recycler any obvious markings on the used, detached catalytic converter, such as paint, labels, or engravings, that would aid in the identification of the catalytic converter.
(c) Each catalytic converter that is purchased, possessed, obtained, sold, transported, or otherwise acquired in violation of this section is a separate violation of this section.
(d) A person who violates this section is guilty of a Class A misdemeanor on a first violation. On a second or subsequent violation within a 10-year period, the person is guilty of a Class C felony.
(e) A used, detached catalytic converter possessed in violation of this section is contraband, subject to seizure and forfeiture as provided pursuant to Section 20-2-93.
(f) For purposes of this section, a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with applicable U.S. Environmental Protection Agency Clean Air Act regulations.
(Act 2022-114, §1.)
(a) It is unlawful for a possessor or seller of a used, detached catalytic converter, or any nonferrous part of a catalytic converter, to provide any false, fraudulent, altered, or counterfeit information or documentation as required by Section 13A-8-37.3.
(b) A person who commits a violation of this section is guilty of a Class A misdemeanor. On a second or subsequent violation within a 10-year period, the person is guilty of a Class C felony.
(Act 2022-114, §2.)
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Act 2007-451, p. 930, §9.)
This article shall apply to all businesses regulated under this article without regard to the location within the State of Alabama and shall take precedence over any and all local ordinances governing purchase transactions of metal property by a secondary metals recycler.
(Act 2007-451, p. 930, §10; Act 2010-508, p. 836, §1; Act 2012-426, p. 1149, §1.)
(a) The definitions contained in Section 13A-8-1 are applicable to this article unless the context otherwise requires.
(b) “In the course of committing a theft” embraces acts which occur in an attempt to commit or the commission of theft, or in immediate flight after the attempt or commission.
(Acts 1977, No. 607, p. 812, §3301.)
(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he:
(1) Is armed with a deadly weapon or dangerous instrument; or
(2) Causes serious physical injury to another.
(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed.
(c) Robbery in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §3305.)
(a) A person commits the crime of robbery in the second degree if he violates Section 13A-8-43 and he is aided by another person actually present.
(b) Robbery in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3306.)
(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he:
(1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or
(2) Threatens the imminent use of force against the person of the owner or any person present with intent to compel acquiescence to the taking of or escaping with the property.
(b) Robbery in the third degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3307.)
No person may submit in defense against a prosecution for robbery in any of its degrees that there was no theft because the taking was under a claim of right. Claim of right is not a defense under this article.
(Acts 1977, No. 607, p. 812, §3310.)
This article shall be known and cited as “The Pharmacy Robbery Act of 1982.”
(Acts 1982, No. 82-434, §1.)
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PHARMACY. Any building, warehouse, physician’s office, hospital, pharmaceutical house or other structure used in whole or in part for the sale, storage and/or dispensing of any controlled substance as defined in Section 20-2-2 as amended.
(2) PHARMACY ROBBERY. A person commits the offense of “pharmacy robbery” under this article if in the course of committing a theft of any controlled substance as defined in Section 20-2-2 such person violates Section 13A-8-41.
(Acts 1982, No. 82-434, §2.)
(a) Upon conviction of the criminal offense of “pharmacy robbery” as defined in Section 13A-8-51(2), the offender shall be imprisoned at hard labor for not less than 10 years nor more than 99 years and shall be ineligible for consideration for parole, probation or suspension of sentence.
(b) On a second or subsequent conviction under this article, the offender shall be imprisoned for the remainder of his natural life and shall be ineligible for consideration for parole, probation or suspension of sentence.
(Acts 1982, No. 82-434, §3.)
The term “shopping cart,” when used in this article, shall mean those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store.
(Acts 1973, No. 1240, p. 2087, §1; Code 1975, §13-3-130.)
It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in Section 13A-8-63, of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his agent, servant or employee. For the purpose of this section, the “premises” shall include all the parking area set aside by the owner, or on behalf of the owner, for the parking of cars for the convenience of the patrons of the owner.
(Acts 1973, No. 1240, p. 2087, §2; Code 1975, §13-3-131.)
It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way or parking lot, other than a parking lot on the premises of the owner.
(Acts 1973, No. 1240, p. 2087, §3; Code 1975, §13-3-132.)
The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store, and at each exit therefrom, a printed copy of this article, which copy shall be printed in type no smaller than 12 points.
(Acts 1973, No. 1240, p. 2087, §5; Code 1975, §13-3-133.)
Any person convicted of a violation under this article shall be deemed guilty of a Class C misdemeanor and shall be punished as prescribed by law under Sections 13A-5-7 and 13A-5-12.
(Acts 1973, No. 1240, p. 2087, §4; Code 1975, §13-3-134.)
As used in this article, the term “traffic sign” shall mean any traffic sign, traffic signal, warning sign, guideboard, milepost, road marker, emergency telephone sign, or any similar sign, signal, or device used by the state or any political subdivision of the state on the highways, roads, bridges, or streets of this state for the warning, instruction, or information of the public.
(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, §1.)
(a) No person may unlawfully possess any traffic sign erected by the state, a county, or a municipality.
(b) Any person who voluntarily notifies a law enforcement agency of the presence on their property of a traffic sign shall not be guilty of violating the provisions of subsection (a).
(c) It shall be unlawful for any person to intentionally destroy, knock down, remove, deface, or alter any letters or figures on a traffic sign, or in any way damage any traffic control device, erected on a highway, public road, or right of way of this state, by the Department of Transportation, a county, or municipality.
(d) It shall be unlawful for any person to intentionally deface any public building or public property.
(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, §2; Acts 1996, No. 96-425, p. 539, §1.)
(a) A person who is convicted of violating subsection (a) of Section 13A-8-71 shall be fined not more than fifty dollars ($50).
(b) A person who is convicted of intentionally destroying, knocking down, removing, defacing, or altering a traffic sign pursuant to subsection (c) of Section 13A-8-71 or defacing a public building or public property pursuant to subsection (d) of Section 13A-8-71, where the damage inflicted is more than two thousand five hundred dollars ($2,500), is guilty of a Class C felony.
(c) A person who is convicted of intentionally destroying, knocking down, removing, defacing, or altering a traffic sign pursuant to subsection (c) of Section 13A-8-71 or defacing a public building or public property pursuant to subsection (d) of Section 13A-8-71, where the damage inflicted is more than five hundred dollars ($500), but less than two thousand five hundred dollars ($2,500), is guilty of a Class A misdemeanor.
(d) A person who is convicted of intentionally destroying, knocking down, removing, defacing, or altering a traffic sign pursuant to subsection (c) of Section 13A-8-71 or defacing a public building or public property pursuant to subsection (d) of Section 13A-8-71, where the damage inflicted is less than five hundred dollars ($500) is guilty of a Class B misdemeanor.
(e) The parents of a minor under the age of 18 years with whom the minor is living and who have custody of the minor shall be liable for actual damages, plus court costs, for the destruction or defacement of any public road sign or the defacement of any public building or public property by the intentional acts of the minor.
(f) Any minor who is convicted of violating this article shall be ordered by the court to correct or clean up any destruction or defacement of which the minor has been convicted.
(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, §3; Acts 1996, No. 96-425, p. 539, §1; Acts 1997, No. 97-216, p. 331, §1; Act 2003-355, p. 962, §1.)
Any fines collected pursuant to this article shall be deposited in the general fund of the county and distributed as follows: one-half shall be designated for law enforcement purposes and one-half shall be designated to the county road and bridge fund.
(Acts 1993, 1st Ex. Sess., No. 93-887, p. 157, §4.)
As used in this article, the term consigned motor fuels means all grades of gasoline including gasohol or any gasoline blend, number 1 diesel, number 2 diesel, kerosene, and all aviation fuels delivered to a merchant by another for the purpose of sale and the merchant deals in goods of that kind. Consigned motor fuels are not owned by the party to whom the fuels are delivered for sale, but remain the property of the company delivering or having the motor fuels delivered. The merchant agrees to sell the consigned motor fuels belonging to another for a commission or other compensation.
(Act 2015-439, §1.)
(a) There shall be a written agreement between the person delivering or having the consigned motor fuels delivered for sale, hereinafter designated the consignor, and the merchant, hereinafter designated as the consignee, reflecting not only the consignment agreement between the parties, but that title to the consigned motor fuels and to the proceeds from the sale of the consigned motor fuels is always vested in the consignor and never the consignee.
(b) Nothing in this section shall be construed to create a new or additional element necessary to prove the commission of theft of property in any degree.
(Act 2015-439, §1.)
It shall be unlawful for any person to take, use, sell, or dispose of consigned motor fuels or the proceeds from the sale of consigned motor fuels without the consent of the owner and in violation of the written agreement required in Section 13A-8-76.
(Act 2015-439, §1.)
A person who violates this article shall be guilty of the crime of theft of property and subject to those penalties provided in Section 13A-8-3, 13A-8-4, or 13A-8-5, based on value of the property taken.
(Act 2015-439, §1.)
Unless the context clearly requires otherwise, the term “owner,” as used in this article, shall mean the person who owns, or has the exclusive license in the United States to reproduce or the exclusive license in the United States to distribute to the public copies of the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films, videocassettes or other articles now known or later developed on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or to authorize the recording of a live performance.
(Acts 1975, No. 1063, p. 2125, §1; Code 1975, §13-3-150; Acts 1989, No. 89-532, p. 1089, §1.)
(a) It shall be a felony for any person to:
(1) Knowingly transfer or cause to be transferred, directly or indirectly, by any means, any sounds recorded on a phonograph record, disc, wire, tape, film, videocassette or other article now known or later developed on which sounds are recorded, with the intent, for commercial advantage or private financial gain, to sell or rent, or cause to be sold or rented, or to be used for profit through public performance, such article on which sounds are so transferred, without consent of the owner;
(2) Knowingly transfer or cause to be transferred, directly or indirectly, by any means, onto any phonograph record, disc, wire, tape, film, videocassette or other article now known or later developed, any live performance, for commercial advantage or private financial gain, without the consent of the owner; or
(3) Manufacture, distribute, transport or wholesale any article with the knowledge that the sounds or performances are so transferred without consent of the owner.
(b) The provisions of this section shall not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds other than from the sound track of a motion picture intended for, or in connection with broadcast or telecast transmission or related uses, or for archival purposes.
(c) Penalties for violations hereof are prescribed in Section 13A-8-86(a).
(d) Subdivision (a)(1) of this section applies only to sound recordings that were initially fixed prior to February 15, 1972.
(e) In the absence of a written agreement or operation of law to the contrary, the performer or performers of the live performance shall be presumed to own the rights to record or authorize the recording of the live performance. In any proceeding where a performer’s consent is in issue, a person who is authorized to maintain custody and control over business records reflecting consent shall be considered a proper witness, subject to all rules of evidence relating to competency and admissibility.
(Acts 1975, No. 1063, p. 2125, §2; Code 1975, §13-3-151; Acts 1989, No. 89-532, p. 1089, §1.)
(1) It shall be unlawful for any person to knowingly sell, rent, cause to be sold or rented, or possess for the purpose of selling or renting any recorded device that has been produced, manufactured, distributed or acquired in violation of any provision of this article.
(2) Penalties for violations hereof are prescribed in Section 13A-8-86(b).
(Acts 1975, No. 1063, p. 2125, §3; Code 1975, §13-3-152; Acts 1989, No. 89-532, p. 1089, §1.)
Every recorded device sold, rented or transferred for commercial advantage or private financial gain, or possessed for the purpose of sale, rental or transfer by any manufacturer, distributor or wholesale or retail merchant shall contain on its packaging the true name and address of the manufacturer; provided, that the term “manufacturer” shall not include the manufacturer of the cartridge or casing itself, but shall mean the manufacturer of the actual recorded material. The term “recorded device” means the tangible medium upon which sounds or images are recorded or otherwise stored, and includes any phonograph record, disc, wire, tape, videocassette, film, or other medium now known or later developed on which sounds or images are recorded or otherwise stored.
(Acts 1975, No. 1063, p. 2125, §4; Code 1975, §13-3-153; Acts 1989, No. 89-532, p. 1089, §1.)
It shall be the duty of any state, county or local law enforcement officer to confiscate all recorded material that does not conform to the provisions of this article and all equipment and components used or intended to be used in the manufacture of the infringing recordings and to deliver the nonconforming recorded devices, equipment and components to the State Attorney General or the appropriate local district attorney of the judicial district in which the confiscation was made. The provisions of this section shall apply to any nonconforming recording, regardless of lack of knowledge or intent on the part of the retail seller.
(Acts 1975, No. 1063, p. 2125, §5; Code 1975, §13-3-154; Acts 1989, No. 89-535, p. 1097, §1.)
(a) Any owner of recorded material whose material has allegedly been illegally reproduced as provided herein shall have a cause of action in the circuit courts of this state for all damages resultant therefrom, including actual, compensatory and incidental damages, as well as punitive damages of not more than three times the amount of the total cost of producing the illegally recorded material.
(b) Any lawful producer of recorded material, as set forth in this article, whose product is allegedly the subject of a violation of the provisions of this article shall have a cause of action in the circuit courts of this state for all damages resultant therefrom, including actual, compensatory and incidental damages, as well as punitive damages not exceeding three times the amount of the total cost of producing the recorded materials.
(Acts 1975, No. 1063, p. 2125, §7; Code 1975, §13-3-155.)
(a) Each separate manufacture, distribution, sale or transfer at wholesale of any unauthorized recording in contravention of the provisions of this article shall upon conviction constitute a separate offense punishable as follows:
(1) If the offense involves not less than 1,000 unlawful sound recordings or not less than 65 audio visual recordings, by imprisonment not less than three years, nor more than ten years, or by a fine of not more than $250,000.00 or both.
(2) For any other offense not described in subdivision (a)(1), by imprisonment not less than one year, nor more than three years, or by fine of not more than $25,000.00 for the first offense, or both, and by imprisonment not less than three years nor more than 10 years, or by fine of not more than $100,000.00, or both, for any subsequent offense.
(b) Each separate sale, rental or possession for sale or rental of any recording, not described in subsection (a), in contravention of the provisions of this article shall upon conviction constitute a separate offense punishable as follows:
(1) If the offense involves not less than 100 unlawful sound recordings or not less than seven unlawful audio visual recordings, or if the offense is a subsequent offense, by imprisonment not less than one year nor more than five years, or by a fine of not more than $250,000.00 or both.
(2) For any other offense not described in subdivision (b)(1), by imprisonment for not more than one year, or by a fine of not more than $25,000.00 or both.
(c) If a person is convicted of any offense under this article, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of all infringing recordings and of all equipment and components used or intended to be used in the manufacture of the infringing recordings, as provided in Section 13A-8-84.
(Acts 1975, No. 1063, p. 2125, §6; Code 1975, §13-3-156; Acts 1989, No. 89-532, p. 1097, §1.)
(a) For purposes of this section, the following words have the following meanings:
(1) AUDIOVISUAL IMAGE. A series of related images which are intended to impart an impression of motion when shown in succession by means of a machine or device.
(2) AUDIOVISUAL RECORDING FUNCTION. The capability of a device to record or transmit a motion picture or any part thereof.
(3) MOTION PICTURE THEATER. A movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.
(4) COMMERCIALLY DISTRIBUTE. To sell, lease, rent, or distribute for pecuniary gain.
(b) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater for the purpose of recording a motion picture with the intent to violate the property rights of the owner of the motion picture commits the crime of unlawful operation of a recording device. For purposes of this subsection, to record or transmit one or more audiovisual images from the on-screen exhibition of a motion picture, or to transmit the audio sounds accompanying the motion picture, is presumptive proof of intent to violate the property rights of the owner of the motion picture.
(c) Unlawful operation of a recording device in violation of subsection (b) is a Class A misdemeanor on the first offense. Any subsequent conviction of unlawful operation of a recording device in violation of subsection (b) is a Class C felony.
(d) Unlawful operation of a recording device in violation of subsection (b) with intent to commercially distribute the recording is a Class C felony.
(e) The owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, who in good faith notifies a law enforcement agency of an alleged violation of this section shall not be liable, absent negligence or willfulness and wantonness, in any civil action arising out of measures taken by the owner, lessee, agent, or employee in the course of subsequently detaining a person that the owner, lessee, agent, or employee in good faith believed to have violated this section while awaiting the arrival of law enforcement authorities.
(f) This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of local, state, or federal government from operating any audiovisual recording device in a motion picture theater as part of any lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
(g) This section does not prevent prosecution for any acts violating this section under any other provision of law providing for a greater penalty.
(Act 2008-272, p. 397, §1.)
[Repealed]
Repealed by Act 2012-432, §11, effective August 1, 2012.
(Acts 1985, No. 85-383, §1, p. 326.)
[Repealed]
Repealed by Act 2012-432, §11, effective August 1, 2012.
(Acts 1985, No. 85-383, §2, p. 326.)
[Repealed]
Repealed by Act 2012-432, §11, effective August 1, 2012.
(Acts 1985, No. 85-383, p. 326, §3,; Act 2003-355, p. 962, §1.)
[Repealed]
Repealed by Act 2012-432, §11, effective August 1, 2012.
(Acts 1985, No. 85-383, §4, p. 326.)
This article may be cited as The Alabama Digital Crime Act.
(Act 2012-432, p. 1192, §1.)
As used in this article, the following terms shall have the following meanings:
(1) ACCESS. To gain entry to, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer system, or computer network.
(2) COMPUTER. An electronic, magnetic, optical, electrochemical, or other high speed data processing device or system that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.
(3) COMPUTER NETWORK. The interconnection of two or more computers or computer systems that transmit data over communication circuits connecting them.
(4) COMPUTER PROGRAM. An ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions.
(5) COMPUTER SECURITY SYSTEM. The design, procedures, or other measures that the person responsible for the operation and use of a computer employs to restrict the use of the computer to particular persons or uses or that the owner or licensee of data stored or maintained by a computer in which the owner or licensee is entitled to store or maintain the data employs to restrict access to the data.
(6) COMPUTER SERVICES. The product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions.
(7) COMPUTER SOFTWARE. A set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specific functions.
(8) COMPUTER SYSTEM. A set of related or interconnected computer or computer network equipment, devices and software.
(9) DATA. A representation of information, knowledge, facts, concepts, or instructions, which are prepared and are intended for use in a computer, computer system, or computer network. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit.
(10) ELECTRONIC MAIL MESSAGE. A message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which such message can be sent or delivered.
(11) EXCEEDS AUTHORIZATION OF USE. Accessing a computer, computer network, or other digital device with actual or perceived authorization, and using such access to obtain or alter information that the accessor is not entitled to obtain or alter.
(12) FINANCIAL INSTRUMENT. Includes, but is not limited to, any check, cashier’s check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof.
(13) HARM. Partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor’s conduct.
(14) IDENTIFICATION DOCUMENT. Any document containing data that is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity or accessing his or her financial information or benefits. Identification documents specifically include, but are not limited to, the following:
a. Government issued driver’s licenses or identification cards.
b. Payment cards such as credit cards, debit cards, and ATM cards.
c. Passports.
d. Health insurance or benefit cards.
e. Identification cards issued by educational institutions.
f. Identification cards for employees or contractors.
g. Benefit cards issued in conjunction with any government supported aid program.
h. Library cards issued by any public library.
(15) IDENTIFYING INFORMATION. Specific details that can be used to access a person’s financial accounts, obtain identification, or to obtain goods or services, including, but not limited to:
a. Social Security number.
b. Driver’s license number.
c. Bank account number.
d. Credit card or debit card number.
e. Personal identification number (PIN).
f. Automated or electronic signature.
g. Unique biometric data.
h. Account password.
(16) INTEGRATED CIRCUIT CARD. Also known as a smart card or chip card, a pocket sized, plastic card with embedded integrated circuits used for data storage or special purpose processing used to validate personal identification numbers (PINs), authorize purchases, verify account balances and store personal records. When inserted into a reader, it transfers data to and from a central computer.
(17) OWNER. An owner or lessee of a computer or a computer network, or an owner, lessee, or licensee of computer data, computer programs, or computer software.
(18) PROPERTY. Includes a financial instrument, data, databases, data while in transit, computer software, computer programs, documents associated with computer systems and computer programs, or copies whether tangible or intangible.
(19) RADIO FREQUENCY IDENTIFICATION (RFID). A technology that uses radio waves to transmit data remotely from an RFID tag, through a reader, from identification documents. It is used in contactless integrated circuit cards, also known as proximity cards.
(20) RADIO FREQUENCY IDENTIFICATION (RFID) TAGS. Also known as RFID labels, the hardware for an RFID system that electronically stores and processes information, and receives and transmits the signal.
(21) REENCODER. An electronic device that places encoded information from the magnetic strip, integrated circuit, RFID tag of an identification document onto the magnetic strip, integrated circuit, or RFID tag of a different identification document.
(22) SCANNING DEVICE. A scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip, integrated circuit, or RFID tag of an identification document.
(23) VIRUS. Means an unwanted computer program or other set of instructions inserted into a computer’s memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files.
(24) WEB PAGE. A location that has a single uniform resource locator or other single location with respect to the Internet.
(Act 2012-432, p. 1192, §2.)
(a) A person who acts without authority or who exceeds authorization of use commits the crime of computer tampering by knowingly:
(1) Accessing and altering, damaging, or destroying any computer, computer system, or computer network.
(2) Altering, damaging, deleting, or destroying computer programs or data.
(3) Disclosing, using, controlling, or taking computer programs, data, or supporting documentation residing in, or existing internal or external to, a computer, computer system, or network.
(4) Directly or indirectly introducing a computer contaminator or a virus into any computer, computer system, or network.
(5) Disrupting or causing the disruption of a computer, computer system, or network services or denying or causing the denial of computer or network services to any authorized user of a computer, computer system, or network.
(6) Preventing a computer user from exiting a site, computer system, or network-connected location in order to compel the user’s computer to continue communicating with, connecting to, or displaying the content of the service, site, or system.
(7) Obtaining any information that is required by law to be kept confidential or any records that are not public records by accessing any computer, computer system, or network that is operated by this state, a political subdivision of this state, or a medical institution.
(8) Giving a password, identifying code, personal identification number, debit card number, bank account number, or other confidential information about a computer security system to another person without the consent of the person using the computer security system to restrict access to a computer, computer network, computer system, or data.
(b)(1) Except as otherwise provided in this subsection, the offense of computer tampering is a Class A misdemeanor, punishable as provided by law. Subsection (a) does not apply to any acts which are committed by a person within the scope of his or her lawful employment. For purposes of this section, a person acts within the scope of his of her employment when he or she performs acts which are reasonably necessary to the performance of his or her work assignment.
(2) If the actor’s intent is to commit an unlawful act or obtain a benefit, or defraud or harm another, the offense is a Class C felony, punishable as provided by law.
(3) If any violation results in a victim expenditure of greater than two thousand five hundred dollars ($2,500), or if the actor’s intent is to obtain a benefit, commit an unlawful act, or defraud or harm another and there is an interruption or impairment of governmental operations or public communication, transportation, or supply of water, gas, or other public or utility service, the offense is a Class B felony, punishable as provided by law.
(4) If any violation results in a victim expenditure of greater than one hundred thousand dollars ($100,000), or if the committed offense causes physical injury to any person who is not involved in the act, the offense is a Class A felony, punishable as provided by law.
(5) If any violation relates to access to an Alabama Criminal Justice Information Center information system or to data regulated under the authority of the Alabama Justice Information Commission, the offense is a Class B felony, punishable as provided by law. Misuse of each individual record constitutes a separate offense under this subsection.
(c) A prosecution for a violation of this section may be tried in any of the following:
(1) The county in which the victimized computer, computer system, or network is located.
(2) The county in which the computer, computer system, or network that was used in the commission of the offense is located or in which any books, records, documents, property, financial instruments, computer software, data, access devices, or instruments of the offense were used.
(3) The county in which any authorized user was denied service or in which an authorized user’s service was interrupted.
(4) The county in which critical infrastructure resources were tampered with or affected.
(Act 2012-432, p. 1192, §3.)
(a) A person commits the crime of encoded data fraud by:
(1) Knowingly and with the intent to commit an unlawful act or to defraud, possessing a scanning device; or knowingly and with intent to commit an unlawful act or defraud, using or attempting to use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on an identification document by means of magnetic strip, integrated circuit, or radio frequency identification tag without the permission of the authorized user or issuer of the identification document.
(2) Knowingly and with the intent to commit an unlawful act or to defraud, possessing a reencoder; or knowingly and with intent to commit an unlawful act or defraud, using or attempting to use a reencoder to place encoded information on an identification document by means of magnetic strip, integrated circuit, or radio frequency identification tag without the permission of the authorized user or issuer of the identification document from which the information is being reencoded.
(3) Knowingly and with intent to commit an unlawful act or to defraud, possess any purported credit or debit card that was not legitimately issued by a financial institution, company, governmental agency, or other card issuer. If any credit or debit card contains conflicting identifying information, this conflict shall create a rebuttable presumption of intent to commit an unlawful act or to defraud and that the credit or debit card was not legitimately issued.
(b) Any person violating this section, upon conviction, shall be guilty of a Class C felony. For the purposes of charges under subdivision (3) of subsection (a), the possession of each credit or debit card shall be charged as a separate count.
(c) Any scanning device, reencoder, or credit or debit card owned by the defendant and possessed or used in violation of this section may be seized and be destroyed as contraband by the investigating law enforcement agency by which the scanning device, reencoder, or credit or debit card was seized.
(Act 2012-432, p. 1192, §4; Act 2016-359, §1.)
(a) A person commits the crime of phishing if the person by means of an Internet web page, electronic mail message, or otherwise using the Internet, solicits, requests, or takes any action to induce another person to provide identifying information by representing that the person, either directly or by implication, is a business, without the authority or approval of the business.
(b) Any person violating this section, upon conviction, shall be guilty of a Class C felony. Multiple violations resulting from a single action or act shall constitute one violation for the purposes of this section.
(c) The following persons may bring an action against a person who violates or is in violation of this section:
(1) A person who is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this section.
(d) In any criminal proceeding brought pursuant to this section, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the identification documents or identifying information.
(e) The Attorney General or the district attorney may file a civil action in circuit court to enforce this section and to enjoin further violations of this section. The Attorney General or the district attorney may recover actual damages or twenty-five thousand dollars ($25,000), whichever is greater, for each violation of subsection (a).
(f) In a civil action under subsection (e), the court may increase the damage award to an amount equal to not more than three times the award provided in subsection (d) if the court determines that the defendant has engaged in a pattern and practice of violating subsection (a).
(g) Proceeds from an action under subsection (e) shall first be used for payment of all proper expenses, including court costs, of the proceedings for the civil action with the remaining proceeds payable first towards the restitution of any victims, as determined by the court. Any remaining proceeds shall be awarded equally between the State General Fund and the office of the Attorney General, the office of the district attorney bringing the action, or both.
(h) An interactive computer service provider shall not be held liable or found in violation of this section for identifying, removing, or disabling access to an Internet web page or other online location that such provider reasonably believes by clear and convincing evidence that it is being used to engage in a violation of this section.
(Act 2012-432, p. 1192, §5.)
(a) A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records and subscriber information pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States.
(b) A provider of electronic communication service or remote computing service shall provide subscriber information as well as the contents of, and transactional records pertaining to, wire and electronic communications in its possession or reasonably accessible thereto when a requesting law enforcement officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States.
(c) Warrants or appropriate orders for production of stored wire or electronic communications and transactional records pertaining thereto shall have statewide application or application as provided by the laws of the United States when issued by a judge with jurisdiction over the criminal offense under investigation or to which such records relate.
(d) This section specifically authorizes any law enforcement official, prosecuting attorney, or the Attorney General to issue a subpoena to obtain any stored electronic records governed by 18 U.S.C. § 2703(b) et seq., and any successor statute. The subpoena shall be issued with a showing that the subpoenaed material relates to an investigation.
(e) Intentional violation of this section shall be punishable as contempt.
(Act 2012-432, p. 1192, §6.)
(a) An Alabama corporation or business entity that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that could reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by an Alabama court.
(b) Intentional violation of this section shall be punishable as contempt.
(Act 2012-432, p. 1192, §7.)
(a) On conviction of a violation of this article or any other violation of the criminal laws of Alabama, the court shall order that any computer, computer system, computer network, instrument of communication, software or data that was owned or used by the defendant with the owner’s knowledge of the unlawful act or where the owner had reason to know of the unlawful act, and that was used in the commission of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly disposed. If the defendant is a minor, it also includes the above listed property of the parent or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation or forfeiture of such thing shall be the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic beverages are illegally transported. If the computer, computer system, computer network, instrument of communication, software, or data that was used by a defendant, in conjunction with a violation of this article, is owned or leased by the defendant’s employer or a client or vendor of the defendant’s employer and such owner or lessor did not authorize the activity violating the article, this section shall not apply.
(b) When property is forfeited under this article or any other violation of the criminal laws of Alabama, the court may award the property to any state, county, or municipal law enforcement agency or department who participated in the investigation or prosecution of the offense given rise to the seizure. The recipient law enforcement agency shall use such property for law enforcement purposes but, at its discretion, may transfer the tangible property to another governmental department or agency to support crime prevention. The agencies may sell that which is not required to be destroyed and which is not harmful to the public. The proceeds from a sale authorized by this article shall be used first for payment of all proper expenses of the proceedings for forfeiture and sale and the remaining proceeds from the sale shall be awarded and distributed by the court to the participating agencies to be used exclusively for law enforcement purposes.
(c) Pursuant to Section 15-18-67, and in addition to any other cost ordered pursuant to law, the district attorney may request and the court may order the defendant to pay the cost of prosecution or investigation, or both. Restitution shall include any and all costs associated with the violation of the criminal laws of this state.
(Act 2012-432, p. 1192, §8.)
A person who is subject to prosecution under this article and any other law of this state may be prosecuted under either or both laws.
(Act 2012-432, p. 1192, §9.)
Nothing in this article prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of this state or a political subdivision of this state or a law enforcement agency of the United States or of an intelligence agency of the United States.
(Act 2012-432, p. 1192, §10.)
As used in this article, unless the context requires otherwise, “cable television company” or “company” means any franchised or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution, to members of the public who subscribe to such service, or distributing through such company’s antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not.
(Acts 1986, No. 86-228, p. 335, §1.)
It shall be a misdemeanor for any person to knowingly:
(1) Obtain or attempt to obtain cable television service from a company by trick, artifice, deception or other fraudulent means with the intent to deprive such company of any or all lawful compensation for rendering each type of service obtained;
(2) Assist or instruct any other person in obtaining or attempting to obtain any cable television service without payment of all lawful compensation to the company providing such service;
(3) Make or maintain a connection or connections, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television without authority from the cable television company;
(4) Make or maintain any modification or alteration to any device installed with the authorization of a cable television company for the purpose of intercepting or receiving any program or other service carried by such company which such person is not authorized by such company to receive;
(5) Manufacture, import into this state, distribute, sell, lease or offer, possess, or advertise for sale or lease any device, or any plan or kit for a device or for a printed circuit designed in whole or in part to decode, descramble or otherwise make intelligible any encoded, scramble or other nonstandard signal carried by a cable television company with the intent that such device, plan or kit be used for the theft of such company’s services;
(6) Provided, however, that nothing in this section shall be construed to prohibit the manufacture, importation, sale, lease or possession of any television device possessing the internal hardware necessary to receive cable television signals without the use of a converter device or box, or of any television advertised as “cable ready”;
(7) Manufacture, import into this state, distribute, sell, offer for sale, rent or use any device, plan or kit for a device, designed in whole or in part to unlawfully perform or facilitate the unlawful performance of any of the acts set out in subdivisions (1)-(5) of this section;
(8) Provided, that nothing in this section shall be construed to limit a subscriber’s equipment selection to that of the cable company, so long as all equipment is properly installed and meets all local and FCC requirements.
Any person violating the provisions of this section shall, upon conviction, be guilty of a Class B misdemeanor.
(Acts 1986, No. 86-228, p. 335, §2.)
In a prosecution for a violation of this article, the existence on the property and in the actual possession of the defendant of (1) any connection, wire conductor or any device whatsoever, which is connected in such a manner as would permit the receipt of cable television service without such service being reported for payment to and specifically authorized by the cable television company or (2) the existence on the property and in the actual possession of the defendant, where the totality of the circumstances, including quantities or volumes, surrounding the defendant’s arrest indicate possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts set out in Section 13A-8-121, shall constitute prima facie evidence of the defendant’s intent to violate the provisions of this article.
(Acts 1986, No. 86-228, p. 335, §3.)
(a) Any person who violates the provisions of subdivision (5) of Section 13A-8-121 shall, in addition to the criminal penalties provided in this article, be civilly liable to the aggrieved cable television company for an amount not to exceed the greater of the following amounts:
(1) One thousand dollars; or
(2) Double the amount of actual damages, if any, sustained by the cable television company.
(b) Any person who violates the provisions of any subsection of Section 13A-8-121 for a second or subsequent time shall, in addition to the criminal penalties provided by this article, be civilly liable to the aggrieved cable television company for an amount not to exceed the greater of the following amounts:
(1) Two thousand dollars; or
(2) Double the amount of actual damages, if any, sustained by the cable television company.
(Acts 1986, No. 86-228, p. 335, §4.)
(a) Any cable television company may, in accordance with the Alabama Rules of Civil Procedure, bring an action to enjoin and restrain any violation of the provisions of this article, and may in the same action seek damages as provided in Section 13A-8-123.
(b) It is not a necessary prerequisite to a civil action pursuant to this article that the cable television company prove it has suffered, or is threatened with, actual damages.
(Acts 1986, No. 86-228, p. 335, §5.)
Any electronic or communications equipment or any other such devices used to violate the provisions of this article shall be considered contraband subject to seizure and forfeiture to the state.
(Acts 1986, No. 86-228, p. 335, §6.)
The provisions of this article shall have no application to satellite reception dishes nor related equipment or accessories used in connection with satellite reception dishes.
(Acts 1986, No. 86-228, p. 335, §7.)
The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called “lessee”, signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called “lessor”, and obtains or exerts control over tangible personal property by reason of such rental contract, with the intent, knowledge or expectation that he will not perform the terms, covenants and agreements of the lessee provided in such rental contract.
(Acts 1986, No. 86-392, p. 576, §1.)
For the purposes of Section 13A-8-140 of this article, it is prima facie evidence that a lessee fraudulently leased or rented property, and intended, knew or expected that he would not perform the terms and obligations of the lessee under a rental contract if:
(1) The name or address of the lessee appearing on the written agreement shall, at the time it is signed, be false or fictitious, and if the lessee fails to return the leased property to the lessor within seven days after lessor makes written demand for its return, notwithstanding that the term under the rental contract has not expired; or
(2) The rental contract provides for the return of the leased property to a particular place, at a particular time, and the lessee shall fail to return the leased property to the place and within the time specified in the said rental contract, and the lessor thereafter makes written demand for the return of the leased property to the place specified in the rental contract within 48 hours from the time the written demand is delivered to the lessee, and the lessee fails to return said property to the lessor within the said 48 hour period; or
(3) A lessee obtains or exerts control over personal property by executing a rental contract which provides for the return of said property to a particular place, or at a particular time, and thereafter abandons said property, secretes, converts, sells or attempts to sell the same or any part thereof.
(Acts 1986, No. 86-392, p. 576, §2.)
For the purposes of Section 13A-8-141 of this article:
(1) A written demand for the return of leased property may be made by personally delivering a copy thereof to the lessee; such demand may also be delivered to a lessee by certified United States mail, directed to lessee at his address shown on the rental contract, and the return receipt shall be deemed sufficient evidence that the demand was received by the lessee, on the date shown on the receipt.
(2) The form of notice to be given under subdivision (1) of Section 13A-8-141 shall be sufficient if substantially as follows:
“This statutory notice is provided pursuant to Section _____ of the Code of Alabama. You are hereby notified that the name or address given by you, as lessee, and appearing on the rental contract dated _____, wherein _____ is the lessor, was fictitious or false. Pursuant to Alabama law you have seven (7) days from receipt of this demand to return the property rented or leased under the said rental contract to the lessor at the place designated in the rental contract, and to pay all accrued lease or rental charges. Unless the said property is so returned, and accrued rental charges paid, all as provided by the said rental contract, within the time specified above, the lessor may assume that you leased the said property with intent, knowledge or expectation that you, as the lessee would not perform the terms, covenants and agreements appearing in the said rental contract at the time you executed the same, and, therefore that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution.”
(3) The form of notice to be given under subdivision (2) of Section 13A-8-141 above shall be sufficient if substantially as follows:
“This statutory notice is provided pursuant to Section _____ of the Code of Alabama. You are hereby notified that you have failed to return that certain personal property leased by you under a written rental contract dated _____, wherein _____ is the lessor, to the particular place or at the particular time provided by the said rental contract. Pursuant to Alabama law, you have forty-eight (48) hours from the receipt of this demand to return the leased property to the lessor at the address specified in the rental contract. Unless the said property is returned to the lessor at the address specified in the rental contract within the time specified above, the lessor may assume that at the time you entered into the said rental contract you intended, knew or expected that you would not perform the terms, covenants and agreements of the lessee thereunder, and that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution.”
(Acts 1986, No. 86-392, p. 576, §3.)
Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be immune from civil or criminal liability for the giving of such notice and for proceeding under the forms of such notice.
(Acts 1986, No. 86-392, p. 576, §4.)
The crime of theft by fraudulent leasing or rental of property shall be a Class A misdemeanor if the subject matter of the lease or rental agreement had a value of five hundred dollars ($500) or less; if the value of such property was in excess of five hundred dollars ($500), the crime shall be a Class C felony.
(Acts 1986, No. 86-392, p. 576, §5; Act 2003-355, p. 962, §1.)
For the purposes of this article, the following definitions shall apply:
(1) MANUFACTURE OF AN UNLAWFUL TELECOMMUNICATION DEVICE. The production or assembly of an unlawful telecommunication device or the modification, alteration, programming, or reprogramming of a telecommunication device to be capable of acquiring or facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider.
(2) PUBLISH. The communication or dissemination of information to any one or more persons, either orally in person, or by telephone, computer network, radio, television, or in a writing of any kind, including, without limitation, a letter or memorandum, circular, handbill, newspaper, magazine article, or book.
(3) TELECOMMUNICATION DEVICE. Any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications, or any part of such instrument, device, machine or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of telephonic, electronic, or radio communication.
(4) TELECOMMUNICATION SERVICE. Any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone, including cellular telephones, wire, radio, electromagnetic, photoelectronic, or photo-optical system.
(5) TELECOMMUNICATION SERVICE PROVIDER. A person or entity providing telecommunication service including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.
(6) UNLAWFUL TELECOMMUNICATION DEVICE. Any electronic serial number, mobile identification number, personal identification number, or any telecommunication device that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a telecommunication service without the consent of the telecommunication service provider. The term includes, but is not limited to, telecommunication devices altered to obtain service without the consent of the telecommunication service provider, tumbler phones, counterfeit or illegally cloned microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access to a communication system operated by a telecommunication service provider. Excluded from being classified as unlawful is a common piece of telephone installation and maintenance equipment known as a dial set or butt-in-ski.
(Acts 1996, No. 96-499, p. 630, §1.)
(a) It shall be unlawful for any person to knowingly do any of the following:
(1) To make, manufacture, distribute, possess, use, or assemble an unlawful telecommunication device or modify, alter, program, or reprogram a telecommunication device designed, adapted, or which is used:
a. For commission of a theft of telecommunication service or to acquire or facilitate the acquisition of telecommunication service without the consent of the telecommunication service provider in violation of this article.
b. To conceal, or assist another to conceal, from any supplier of telecommunication service provider or from any lawful authority the existence, place of origin, or destination of any telecommunication.
(2) To sell, possess, distribute, give, transport, or otherwise transfer to another or offer or advertise for sale any of the following:
a. An unlawful telecommunication device, or plans or instructions for making or assembling the same under circumstances evincing an intent to use or employ the unlawful telecommunication device, or to allow the same to be used or employed, for a purpose described in paragraph a. or paragraph b. above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such unlawful telecommunication device.
b. The material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication device.
(3) To publish plans or instructions for making or assembling or using any unlawful telecommunication device.
(4) To publish the number or code of an existing, cancelled, revoked or nonexistent telephone number, credit number, or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have such telephone number, credit number, credit device or method of numbering or coding so used.
(b) Any unlawful telecommunication device, plans, instructions, or publications described in this section may be seized under warrant or incident to a lawful arrest for a violation of this section, and, upon the conviction of a person for a violation of this section, the unlawful telecommunication device, plans, instructions, or publication may be destroyed as contraband by the sheriff of the county in which the person was convicted or turned over to the person providing telephone or telegraph service in the territory in which the same was seized.
(Acts 1996, No. 96-499, p. 630, §2.)
(a) Any person violating any of the provisions of this article shall be guilty of a Class B misdemeanor. However, if the offense involves five or more unlawful telecommunication devices, the person shall be guilty of a Class C felony.
(b) The court shall, in addition to any sentence authorized by law, sentence a person convicted of violating this article to make restitution to any telecommunication service provider wishing restitution.
(c) A telecommunication service provider aggrieved by a violation of this article may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees as are provided by law.
(Acts 1996, No. 96-499, p. 630, §3.)
(a) No person shall drive his or her motor vehicle off the premises of an establishment where gasoline is offered for retail sale after dispensing gasoline into the fuel tank of his or her motor vehicle if the person fails to remit payment or make an authorized charge for the gasoline that was dispensed.
(b) A person who violates this section shall be guilty of a Class A misdemeanor.
(c) The driver’s license of a person convicted for a second or subsequent offense of violating this section shall be suspended as follows:
(1) On a second conviction, the driver’s license of the person shall be suspended for a period of six months.
(2) On a third or subsequent conviction, the driver’s license of the person shall be suspended for a period of one year.
(d) The person shall submit the driver’s license to the court upon conviction and the court shall forward the driver’s license to the Alabama State Law Enforcement Agency.
(Act 99-567, p. 1219, §1.)
This article shall be known as “The Consumer Identity Protection Act.”
(Act 2001-312, p. 399, §1.)
For purposes of this article, the following words shall have the following meanings:
(1) IDENTIFICATION DOCUMENTS. Any papers, cards, or other documents issued by federal, state, or local governmental authorities that are used specifically to identify a person. Identification documents include, but are not limited to, driver’s licenses, military identification cards, passports, birth certificates, Social Security cards, and other government-issued identification cards.
(2) IDENTIFYING INFORMATION. Any information, used either alone or in conjunction with other information, that specifically identifies a person or a person’s property, and includes, but is not limited to, any of the following information related to a person:
a. Name.
b. Date of birth.
c. Social Security number.
d. Driver’s license number.
e. Financial services account numbers, including checking and savings accounts.
f. Credit or debit card numbers.
g. Personal identification numbers (PIN).
h. Electronic identification codes.
i. Automated or electronic signatures.
j. Biometric data.
k. Fingerprints.
l. Passwords.
m. Parent’s legal surname prior to marriage.
n. Any other numbers or information that can be used to access a person’s financial resources, obtain identification, act as identification, or obtain goods or services.
(3) VICTIM. A person whose identification documents or identifying information are used to perpetrate a crime created by this article.
(Act 2001-312, p. 399, §2.)
(a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:
(1) Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.
(2) Obtains goods or services through the use of identifying information of the victim.
(3) Obtains identification documents in the victim’s name.
(4) Obtains employment through the use of identifying information of the victim.
(b) Identity theft is a Class B felony.
(c) This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.
(d) Any prosecution brought pursuant to this article shall be commenced within seven years after the commission of the offense.
(Act 2001-312, p. 399, §3; Act 2003-355, p. 962, §1; Act 2006-148, p. 218, §1; Act 2012-368, p. 919, §1.)
(a) A person commits the crime of trafficking in stolen identities when, without the authorization, consent, or permission of the victim, he or she manufactures, sells, transfers, purchases, or possesses, with intent to manufacture, sell, transfer, or purchase, identification documents or identifying information for the purpose of committing identity theft.
(b) Possession of five or more identification documents of the same person, or possession of identifying information of five or more separate persons, without the authorization, consent, or permission of the person or persons, shall create an inference that the identities are possessed with intent to manufacture, sell, transfer, or purchase identification documents or identifying information for the purpose of committing identity theft.
(c) Trafficking in stolen identities is a Class B felony.
(Act 2001-312, p. 399, §4.)
(a) A person commits the crime of obstructing justice using a false identity if he or she uses identification documents or identifying information of another person or a fictitious person to avoid summons, arrest, prosecution, or to impede a criminal investigation.
(b) Obstructing justice using a false identity is a Class C felony.
(Act 2001-312, p. 399, §5.)
Upon conviction for any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this article to any person whose identifying information was appropriated. Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft of the victim’s identification documents or identifying information, including lost wages and attorney’s fees. The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation. Additionally, persons convicted of violation of this article shall be assessed an amount of twenty-five dollars ($25) per day and medical expenses for time spent in county or municipal jails or in a state prison facility.
(Act 2001-312, p. 399, §6.)
In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the identification documents or identifying information.
(Act 2001-312, p. 399, §7.)
In any case in which a person obtains identification documents or identifying information of another person in violation of this article and uses the documents or information to commit a crime in the name of another person, the court records for the crime shall reflect that the victim of this act did not commit the crime.
(Act 2001-312, p. 399, §8.)
(a) Upon a conviction for any crime in violation of this article or conviction of any other offense which the court finds involved identity theft, and at the victim’s request, the sentencing court shall issue any orders necessary to correct any public or private record that contains false information as a result of a criminal violation of this article. Any order shall be under seal and may be released only as prescribed by this section. The order shall include the following information:
(1) Information about financial accounts affected by the crime, including, but not limited to, the name of the financial institution, the account number, amount of money involved in the crime, and the date of the crime.
(2) The specific identifying information and identification documents used to commit the crime.
(3) A description of the perpetrator of the crime.
(b) The victim may release the orders as follows:
(1) The victim may submit this order in any civil proceeding to set aside a judgment against the victim involving the specific account and amounts as determined by the criminal sentencing court. The order shall remain sealed in the civil proceeding.
(2) The victim may submit the order to any governmental entity or private business as proof that any financial accounts therein created or altered were a result of the crime and not the actions of the victim.
(Act 2001-312, p. 399, §9; Act 2006-148, p. 218, §1.)
(a) In addition to any other remedies provided by law, a victim who has suffered loss as a result of a criminal violation of this article may bring an action in his or her county of residence or any county in which any part of the crime took place, regardless of whether the defendant who committed the criminal violation was ever actually present in that county, against the defendant to recover the following:
(1) Five thousand dollars ($5,000) for each incident, or three times the actual damages, whichever is greater.
(2) Reasonable attorney’s fees and court costs.
(b) The statute of limitations for cases under this section shall be seven years from the earlier of the date of discovery of the offense or the date when the offense reasonably should have been discovered.
(Act 2001-312, p. 399, §10; Act 2006-148, p. 218, §1.)
(a) As used in this section, the following words shall have the following meanings:
(1) CONSUMER CREDIT REPORT. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.
(2) CONSUMER REPORTING AGENCY. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.
(3) PERSON. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
(b)(1) If a consumer submits to a consumer reporting agency a court order as described in Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ reasonable procedures to block reporting any information in the consumer’s credit report identified in the court order that is the result of a criminal violation of the Consumer Identity Protection Act so that the information cannot be reported and, at the consumer’s request, include the fact of the order in the consumer’s credit report. The consumer reporting agency shall promptly notify the furnisher of the information that a court order has been filed, that a block has been established, and the effective date of the block.
(2) The block on information may be rescinded only by a subsequent order from the court that originally issued the order pursuant to Section 13A-8-198.
(3) If the block of information is rescinded pursuant to this section, the consumer shall be promptly notified in the same manner as the consumers are notified of the reinsertion of information pursuant to Section 611 of the Federal Fair Credit Reporting Act, 15 USC Section 1681i, as amended.
(4) A consumer harmed by an intentional or reckless violation of this section may maintain an action for actual damages caused by a violation of this section and injunctive relief against the person who violated this section. A judgment in favor of the consumer shall include an award of attorney’s fees.
(5) It shall be a defense to any action or proceeding brought under this section that the defendant has established and implemented reasonable practices and procedures to comply with the requirements of this section. No action or proceeding may be brought under this section more than two years after the person bringing the action knew or should have known of the alleged violation in subdivision (4).
(Act 2001-312, p. 399, §11.)
Upon request by a victim of a crime created by this article, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this article shall be reissued at no charge to the victim. An agency may require proof of the criminal activity, such as a police report, before reissuing the identification documents.
(Act 2001-312, p. 399, §12.)
This article shall be known and may be cited as the Retail Theft Crime Prevention Act.
(Act 2023-531, §1.)
As used in this article, the following terms have the following meanings:
(1) CONCEAL. To place merchandise in a manner that is not visible through ordinary observation.
(2) ORGANIZED RETAIL THEFT. Obtaining or exerting unauthorized control over retail merchandise from a retail merchant, retail establishment, or premises of a retail establishment with the intent to deprive the owner or retail merchant of his or her property, or reselling, distributing, or otherwise reentering the retail merchandise in commerce, including the transfer of the stolen retail merchandise to another retail merchant or to any other person, whether in person, through the mail, or through any electronic medium, including the Internet, in exchange for anything of value.
(3) PREMISES OF A RETAIL ESTABLISHMENT. The retail establishment, common use areas in shopping centers, and parking areas designated by a merchant or on behalf of a merchant for the parking of motor vehicles for the convenience of the patrons of the retail establishment or where stored for delivery or transport to a retail establishment.
(4) RETAIL ESTABLISHMENT. Any place where merchandise is displayed, held, stored, or offered for sale to the public.
(5) RETAIL MERCHANDISE. Any article, product, commodity, component, or item of tangible personal property displayed, held, stored, or offered for sale within a retail establishment.
(6) RETAIL MERCHANT. An owner or operator of a retail establishment or an agent, employee, lessee, officer, or director of the owner or operator.
(7) RETAIL VALUE. The actual retail price of merchandise prior to the commission of the subject criminal offense.
(Act 2023-531, §1.)
A person commits the crime of retail theft if, with the intent to obtain or exert unauthorized control over retail merchandise from a retail merchant, retail establishment, or premises of a retail establishment, or with the intent to deprive the owner or retail merchant of his or her retail merchandise of all or some part of the value thereof or without paying for the retail merchandise, he or she knowingly does any of the following:
(1) Conceals upon his or her person or in another manner and takes possession of two or more items of retail merchandise of the retail establishment.
(2) Alters, transfers, or removes the label, price tag, marking, indicia of value, or any other markings that aid in determining the value affixed to retail merchandise in a retail establishment, and purchases, or attempts to purchase, the merchandise at less than its value.
(3) Transfers retail merchandise in a retail establishment from one container to another with the intent to purchase the merchandise at less than its retail value.
(4) Causes the cash register or other sales recording device to reflect less than the retail value of the retail merchandise of a retail establishment.
(5) Fails to scan the barcode and pay for retail merchandise at a cash register or self-checkout register.
(6) Causes the amount paid to be less than the retail merchant’s stated price for the retail merchandise.
(7) Alters, bypasses, disables, shields, or removes any security or alarm device attached to or housing retail merchandise prior to the purchase of the merchandise.
(8) Removes or causes the removal of retail merchandise from the premises of a retail establishment.
(9) Collaborates with an employee of the retail establishment to commit any form of retail theft described in this section.
(Act 2023-531, §1.)
(a)(1) Retail theft that exceeds two thousand five hundred dollars ($2,500) in retail value constitutes retail theft in the first degree.
(2) Retail theft of one or more items of retail merchandise during a 180-day period, the aggregate value of which is one thousand dollars ($1,000) or more constitutes retail theft in the first degree.
(3) Theft of a firearm, rifle, or shotgun, regardless of its value, from a retail merchant constitutes retail theft in the first degree.
(b) Retail theft in the first degree is a Class B felony.
(Act 2023-531, §1.)
(a) Retail theft that exceeds five hundred dollars ($500) in retail value, but does not exceed two thousand five hundred dollars ($2,500) in retail value, constitutes retail theft in the second degree.
(b) Retail theft in the second degree is a Class C felony.
(Act 2023-531, §1.)
(a) Retail theft that does not exceed five hundred dollars ($500) in retail value constitutes retail theft in the third degree.
(b) Retail theft in the third degree is a Class A misdemeanor.
(c) A fourth or subsequent conviction for an offense under this article is a Class C felony.
(Act 2023-531, §1.)
(a) A person commits the crime of organized retail theft when the person, in association with one or more other persons, knowingly does any of the following:
(1) Organizes, supervises, finances, participates, directs, solicits, or otherwise manages or assists another person in committing organized retail theft.
(2) Removes, destroys, deactivates, or knowingly evades any component of an antishoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing organized retail theft.
(3) Attempts, solicits, or conspires with another person to commit organized retail theft.
(4) Receives, purchases, or possesses retail merchandise for sale or resale knowing or believing the retail merchandise to be stolen is from a retail merchant.
(5) Uses any fraud, artifice, instrument, container, device, or other article to facilitate the commission of organized retail theft.
(6) Remains unlawfully inside a retail establishment after business hours, with the intent to commit a retail theft therein.
(7) Uses a wireless telecommunication device or other digital or electronic device to facilitate the theft of retail merchandise.
(8) Uses a rental or stolen motor vehicle or vehicle of another in the course of committing retail theft for the purposes of the concealment of his or her identity.
(9) Receives, retains, or disposes of retail merchandise knowing that it has been stolen or having reasonable grounds to believe it has been stolen.
(b)(1) Theft of one or more items of retail merchandise, the aggregate value of which exceeds two thousand five hundred dollars ($2,500) in retail value, during a one-year or longer period, constitutes organized retail theft.
(2) Theft of retail merchandise consisting of one or more items of retail merchandise during a 180-day period, the aggregate value of which is one thousand dollars ($1,000) or more, constitutes organized retail theft.
(3) Theft or retail merchandise consisting of one or more items of retail merchandise during a 30-day period, the aggregate value of which is five hundred dollars ($500) or more, constitutes organized retail theft.
(c) It shall be prima facie evidence that a person who violates this section acts knowingly when any of the following apply:
(1) On two or more separate occasions within a year prior of the commission of the instant offense of organized retail theft, the person is found in possession or control of stolen retail merchandise.
(2) The person possesses retail merchandise that has been recently stolen.
(3) The person regularly buys, sells, uses, or handles in the course of business retail merchandise of the sort received, and acquired the retail merchandise without making reasonable inquiry whether the individual selling or delivering the retail merchandise to him or her had a legal right to do so.
(d) The fact that the person or persons who acted in association with the person charged under this article have not been charged, convicted, apprehended, or identified is not a defense to a charge of organized retail theft.
(e) Organized retail theft is a Class B felony.
(Act 2023-531, §1.)
(a) Any proceeds, property obtained by proceeds, or instruments of the crimes of organized retail theft or retail theft may be subject to forfeiture pursuant to the procedures set forth in Section 20-2-93.
(b) When a person is convicted of organized retail theft, upon request of the district attorney, the court shall order the defendant to make restitution as follows:
(1) To the retail merchant victim, pursuant to the procedures set forth in Section 15-18-67.
(2) To the primary investigative law enforcement and prosecutorial entities for any legitimate cost incurred in the course of the investigation or prosecution, pursuant to the procedures set forth in Section 20-2-190(j), or an amount agreed upon by the district attorney.
(Act 2023-531, §1.)
It is not a defense to a charge under this article that the property was not stolen, embezzled, or converted property at the time of the violation if the property was explicitly represented to the accused person as being stolen, embezzled, or converted property.
(Act 2023-531, §1.)
Nothing in this article prohibits a person from being charged with, convicted of, or sentenced for any violation of law arising out of the same criminal transaction that violates this article.
(Act 2023-531, §1.)
(a) Any violation of this article may only be prosecuted in the circuit or district court.
(b) In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the theft by retail theft or organized retail theft.
(c) Any arrest or detention by a retail merchant shall be subject to the requirements and protections as provided in Section 15-10-14.
(Act 2023-531, §1.)
(a) The fact that a person conceals merchandise for which he or she has not paid the full value, and the retail merchandise has been taken beyond the area within the retail establishment or premises of a retail establishment where payment for it is to be made, shall be prima facie evidence that the person possessed, carried away, or transferred the retail merchandise with the intention of depriving the retail merchant of all or part of the full value of the retail merchandise without paying the full value of the retail merchandise in violation of this article.
(b)(1) A violation of this article shall be deemed prima facie evidence that the person intended to deprive the retail merchant of all or part of the full retail value of the retail merchandise without paying the full value of the retail merchandise.
(2) The unaltered price tag or other marking on the merchandise, or duly identified photographs of the merchandise, shall be prima facie evidence of the merchandise’s actual retail value and ownership.
(c) Nothing in this subsection shall be construed to provide that the mere possession of goods or the production by shoppers of improperly priced merchandise for checkout shall constitute prima facie evidence of guilt.
(Act 2023-531, §1.)
(a) A warrant for the crime of retail theft or organized retail theft may be sworn and issued by a judge or magistrate remotely, digitally, via video link, or by telephone. The physical presence of the affiant before the judge or magistrate is not required.
(b) Other methods of technology not specifically described in subsection (a) may be used to facilitate the oath and issuance of a criminal warrant pursuant to this article upon the approval of the technology by the presiding judge and district attorney of the judicial circuit.
(Act 2023-531, §1.)
The Office of Prosecution Services, Office of the Attorney General, Alabama State Law Enforcement Agency, Alabama Association of Chiefs of Police, Alabama Sheriffs Association, Alabama Grocers Association, and Alabama Retail Association shall make reasonable coordinated efforts to develop training for prosecutors and law enforcement agencies throughout the state to combat organized retail crime, violations of Chapter 41 of Title 8, and other crimes negatively impacting small and large businesses in Alabama and make recommendations to the Alabama Legislature and Governor regarding public safety and the prevention of organized retail crime, enforcement and prosecution of this article and Chapter 41 of Title 8, as well as the impact of organized retail thefts on Alabama businesses and the public.
(Act 2023-531, §1.)
The following definitions are applicable in this article unless the context otherwise requires:
(1) WRITTEN INSTRUMENT. Such term means:
which is capable of being used to the advantage or disadvantage of some person.
(2) COMPLETE WRITTEN INSTRUMENT. One which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.
(3) INCOMPLETE WRITTEN INSTRUMENT. One which contains some matter by way of content or authentication, but which requires additional matter in order to render it a complete written instrument.
(4) FALSELY MAKE. To “falsely make” a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument, which purports to be authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof.
(5) FALSELY COMPLETE. To “falsely complete” a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without lawful authority, so that the completed written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.
(6) FALSELY ALTER. To “falsely alter” a written instrument means to change, without lawful authority, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, addition or transportation of matter, or in any other manner, so that the instrument so changed falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.
(7) FORGED INSTRUMENT. A written instrument which has been falsely made, completed or altered.
(8) INTENT TO DEFRAUD. A purpose to use deception, as defined in Section 13A-8-1(1), or to injure another person’s interest which has value, as defined in Section 13A-8-1(14).
(9) PROPERTY. Such term is defined as in Section 13A-8-1(10).
(10) SERVICES. Such term is defined as in Section 13A-8-10(b).
(11) GOVERNMENT. Such term is defined as in Section 13A-8-1(5).
(12) UTTER. To “utter” means to directly or indirectly offer, assert, declare or put forth a forged instrument as genuine.
(Acts 1977, No. 607, p. 812, §4001.)
(a) A person commits the crime of forgery in the first degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(1) Part of an issue or series of stamps, securities or other valuable instruments issued by a government or governmental agency; or
(2) Part of an issue or series of stock, bonds or other instruments representing interests in or claims against a business enterprise or its property.
(b) Forgery in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §4005.)
(a) A person commits the crime of forgery in the second degree if, with intent to defraud, he or she falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(1) A deed, will, codicil, or contract which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
(2) A public record, or an instrument filed or required or authorized by law to be filed in a public office or with a public employee; or
(3) A written instrument officially issued or created by a public office, public employees or government agency.
(b) Forgery in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4006; Acts 1979, No. 79-471, p. 862, §1; Act 2015-185, §2.)
(a) A person commits the crime of forgery in the third degree if, with intent to defraud, he or she falsely makes, completes, or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed, an assignment or a check, draft, note, or other commercial instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status.
(b) Forgery in the third degree is a Class D felony.
(Act 2015-185, §6.)
(a) A person commits the crime of forgery in the fourth degree if, with intent to defraud, he or she falsely makes, completes or alters a written instrument.
(b) Forgery in the fourth degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4007; Act 2015-185, §2.)
(a) A person commits the crime of criminal possession of a forged instrument in the first degree if he possesses or utters any forged instrument of a kind specified in Section 13A-9-2 with knowledge that it is forged and with intent to defraud.
(b) Criminal possession of a forged instrument in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §4010.)
(a) A person commits the crime of criminal possession of a forged instrument in the second degree if he possesses or utters any forged instrument of a kind specified in Section 13A-9-3 with knowledge that it is forged and with intent to defraud.
(b) Criminal possession of a forged instrument in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4011.)
(a) A person commits the crime of criminal possession of a forged instrument in the third degree if he or she possesses or utters a forged instrument of a kind covered in Section 13A-9-3.1 with knowledge that it is forged and with intent to defraud.
(b) Criminal possession of a forged instrument in the third degree is a Class D felony.
(Act 2015-185, §6.)
(a) A person commits the crime of criminal possession of a forged instrument in the fourth degree if he or she possesses or utters a forged instrument of a kind covered in Section 13A-9-4 with knowledge that it is forged and with intent to defraud.
(b) Criminal possession of a forged instrument in the fourth degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4012; Act 2015-185, §2.)
A person may not be punished for both the offense of forgery and the offense of criminal possession of a forged instrument with respect to the same instrument, unless arising out of separate and distinct transactions.
(Acts 1977, No. 607, p. 812, §4015.)
(a) A person commits the crime of criminal possession of a forgery device if he makes or possesses with knowledge of its character any plate, die or other device, appliance, apparatus, equipment or article specifically designed or adapted for use in forging written instruments with intent to use it himself, or to aid or permit another to use it for purposes of forgery.
(b) Criminal possession of a forgery device is a Class C felony.
(Acts 1977, No. 607, p. 812, §4020.)
(a) A person commits the crime of criminal simulation if:
(1) He makes or alters any object, with intent to defraud, so that it appears to have an antiquity, value, rarity, source or authorship that it does not in fact possess; or
(2) He possesses or utters an object so simulated with knowledge of its true character and with intent to defraud.
(b) Criminal simulation is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4025.)
(a) A person commits the crime of obtaining a signature by deception if with intent to defraud or to acquire a substantial benefit for himself or another, he causes another by deception to sign or execute a written instrument.
(b) The definition of “deception” in Section 13A-8-1(1) applies to this section also.
(c) Obtaining a signature by deception is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4030.)
AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of offering a false instrument for recording if, knowing that a written instrument relating to or affecting real or personal property, or an interest therein, or directly affecting contractual relationships contains a material false statement or material false information, and with intent to defraud, he presents or offers it to a public office or a public employee, with the knowledge that it will be registered, filed or recorded or become a part of the records of that public office or public employee.
(b) Offering a false instrument for recording is a Class A misdemeanor.
(c) A person commits the crime of offering a false instrument for recording against a public servant if the person offers, for recording, a written instrument which relates to or affects the real or personal property, or an interest therein, or a contractual relationship of a public servant, knowing that the written instrument contains a materially false statement or materially false information, with the intent to defraud, intimidate, or harass the public servant, or to impede the public servant in the performance of his or her duties. For the purposes of this subsection, public servant is defined as in Section 13A-10-1.
(d) Offering a false instrument for recording against a public servant is a Class C felony.
(e) A recording official may nullify or expunge from an official record a false or fraudulent lien or instrument. A person or entity whose rights are affected by the filing of a lien or other instrument may petition a recording official to nullify or expunge the filing. If a lien or instrument is recorded with more than one recording official, then the petitioner may file such a petition with any such recording official, but may file only one such petition and any decision rendered on that petition in accordance with the procedures outlined in this subsection shall be equally applicable to all other filings. Such petition shall be in writing and sworn under oath and based upon the personal knowledge of the petitioner. A copy of such petition shall be delivered via certified and first class mail to the person or entity who filed the lien or instrument or who claims the rights or interests thereby at an address shown on the lien or instrument. Within 14 days of the filing of such a petition, the recording official shall give written notice of the filing of the petition to the person or entity who filed the lien or instrument or who claims the rights or interests thereby. Such notice shall be sent by certified and first class mail, shall be deemed delivered when placed in the mail, and shall state that any additional proof of the validity of the lien or instrument shall be filed with the recording official within 14 days of the date of mailing the notice and that the failure to do so could result in the lien or instrument being nullified or expunged. If the recording official does not grant the petition within 28 days of the date that it is filed, the petition shall be deemed denied. An order granting or denying a petition, if rendered, shall be delivered to the parties by the recording official by certified first class mail, but shall not be enforced, acted upon, or effective before the expiration of 28 days from the date of mailing or the final adjudication of any and all appeals of that decision, at which time any final order granting the petition shall be recorded and indexed in order to provide notice that the lien or instrument has been nullified or expunged. A party may appeal the decision of the recording official to the circuit court of any county where the lien or instrument was filed or to the Circuit Court of Montgomery County, Alabama. Such appeals must be filed within 28 days of the recording official’s order or deemed denied. Such appeals shall be filed and commenced as a civil action under the Alabama Rules of Civil Procedure, which shall otherwise apply to such actions on appeal. A notice of the appeal shall also be filed with the recording official, who shall file the notice as a lis pendens filing. The appeal shall be de novo by the circuit court without a jury. The prevailing party on appeal shall be entitled to a judgement against the other party for the prevailing party’s attorneys fees and expenses arising out of and relating to the appeal, and court costs shall be taxed against the non-prevailing party. The remedy and procedure provided in this subsection is not exclusive or mandatory. Nothing in this subsection shall prevent the enforcement or challenge of any recorded lien or instrument as may otherwise be allowed by law. Nothing in this section alters or modifies any other requirements for the filing, enforcement, or challenge of any lien or instrument required or allowed by law.
(Acts 1977, No. 607, p. 812, §4035; Act 2012-209, p. 349, §§1, 2.)
(a) A person commits the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers a negotiable instrument for a thing of value and with the intent, knowledge, or expectation that it will not be honored by the drawee.
(b) For the purposes of this section, it is prima facie evidence that the maker or drawer intended, knew, or expected that the instrument would not be honored in any of the following instances:
(1) The maker or drawer had no account with the drawee at the time the negotiable instrument was negotiated or delivered, as determined according to Section 7-3-503(2).
(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery, and the maker or drawer shall not have paid the holder thereof the amount due thereon, together with a service charge of not more than (fill in appropriate amount as provided by law), within 10 days after receiving written notice from the holder of the instrument that payment was refused upon the instrument, as provided in Section 13A-9-13.2.
(3) Notice that payment was refused is mailed by certified or registered mail and is returned undelivered to the sender, when the notice is mailed within a reasonable time after dishonor to the address printed on the instrument or given by the maker or drawer at the time of issuance of the instrument.
(c) Negotiating a worthless negotiable instrument is a Class A misdemeanor.
(d) The definition of “negotiable instrument” in Section 7-3-104 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3. For the purposes only of this section and Sections 13A-9-13.2 and 13A-9-13.3, the term “negotiable instrument” shall include electronic drafts.
(e) The definition of “negotiation” in Section 7-3-202 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.
(f) The definition of “delivery” in Section 7-1-201(14) applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.
(Acts 1980, No. 80-200, p. 279, §1; Acts 1989, No. 89-807, p. 1608, §2; Acts 1991, No. 91-319, p. 578, §1; Acts 1997, No. 97-413, p. 679, §1; Act 2014-444, p. 1659, §1.)
For purposes of Section 13A-9-13.1:
(1) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering, or delivering the instrument.
(2) The form of notice shall be substantially as follows:
“This statutory notice is provided pursuant to Section 13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered _____, apparently issued by you on ________ (date), drawn upon ________ (name of bank), and payable to ___, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of not more than (fill in appropriate amount provided by law), the total amount due being $. Unless this amount is paid in full within the specified time above, the holder of such check or instrument may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution.”
(3) Any party holding a worthless negotiable instrument and giving notice in substantially similar form to that provided in subdivision (2) of this section shall be immune from civil or criminal liability for the giving of the notice and for proceeding under the forms of the notice.
(Acts 1980, No. 80-200, p. 279, §2; Acts 1989, No. 89-807, p. 1608, §2; Acts 1991, No. 91-319, p. 578, §1; Acts 1997, No. 97-413, p. 679, §1.)
(a) In any prosecution or action under the provisions of Section 13A-9-13.1, a negotiable instrument for which the information required in subsections (b) and (c) of this section is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the negotiable instrument and that such person was a party authorized to draw upon the named account.
(b) To establish this prima facie evidence, the following information regarding the identity of the party presenting the negotiable instrument shall be requested by the party receiving such instrument: The presenter’s name, residence address, and home phone number. Such information may be provided by either of two methods:
(1) It may be recorded upon the negotiable instrument itself; or
(2) The number of a check-cashing identification card issued by the receiving party may be recorded on the negotiable instrument. Such check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.
(c) In addition to the information required in subsection (b) of this section, the party receiving a negotiable instrument shall witness the signature or endorsement of the party presenting such negotiable instrument and, as evidence of such, the receiving party shall initial the negotiable instrument.
(Acts 1980, No. 80-200, p. 279, §3.)
(a) A person commits the crime of illegal possession of a credit or debit card if, knowing that he or she does not have the consent of the owner, he or she takes, exercises control over, or otherwise uses the card.
(b) A person commits the crime of fraudulent use of a credit card or debit card if he or she uses, attempts to use, or allows to be used, a credit card or debit card for the purpose of obtaining property, services, or anything else of value with knowledge that:
(1) The card is stolen; or
(2) The card has been revoked or cancelled; or
(3) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card or debit card is issued. The mere use by the original issuee of a credit card or debit card which has expired is not within the provisions of subdivision (b)(3) of this section.
(c) “Credit card” means any instrument or device, including a card to obtain telecommunication services, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, welfare card, a card used to facilitate the transfer of government benefits such as an electronic benefit transfer card (EBT card) or similar card, or a debit card, or by any other name, including an account number, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value, including telecommunication services, on credit or for use in an automated banking device to obtain any of the services offered through the device.
(d) “Debit card” means any instrument or writing or other evidence known by any name issued with or without fee by an issuer for the use of a depositor in obtaining money, goods, services, or anything else of value, payment of which is made against funds previously deposited in an account with the issuer.
(e) Illegal possession of or fraudulent use of a credit card or debit card is a Class D felony.
(Acts 1977, No. 607, p. 812, §4045; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-664, p. 1163, §1; Act 2000-679, p. 1382, §1; Act 2015-185, §2.)
(a) Definitions. - For purposes of this section, the following terms shall have the meanings ascribed by this subsection:
(1) ACQUIRER. A business organization including without limitation a merchant, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value.
(2) CARDHOLDER. The person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
(3) CREDIT CARD TRANSACTION RECORD. Credit card slips, electronically recorded information or other documentation or evidence evidencing a transaction involving a credit card.
(4) CREDIT CARD. Any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, or debit card or by any other name, including an account number, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit or for use in an automated banking device to obtain any of the services offered through the device.
(5) EXPIRED CREDIT CARD. A credit card which is no longer valid because the term shown on it has elapsed.
(6) ISSUER. The business organization or financial institution, or its duly authorized agent, which issues a credit card.
(7) REVOKED CREDIT CARD. A credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
(b) Illegally obtained or illegally possessed credit card; forged, revoked, or expired credit card. - A person who is authorized by an issuer or an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of Section 13A-9-14 or a credit card which such person knows is forged, expired, or revoked violates this subsection (b) and such violation is a Class B felony.
(c) Misrepresentation to issuer or acquirer. - A person who is authorized by an issuer or an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, fails to furnish money, goods, services, or anything else of value which such person represents in writing, electronically or otherwise to the issuer or the acquirer that such person has furnished violates this subsection (c) and such violation is a Class B felony.
(d) Illegally laundering credit card transactions. - A person who is authorized by an issuer or an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer or the cardholder, presents for payment a credit card transaction record to the issuer, acquirer, or any other person violates this subsection (d) and such violation is a Class B felony.
(e) Provisions not exclusive. - This section shall not be construed to preclude the applicability of any other provisions of the criminal laws of this state to any transaction which violates this section, unless such provision is inconsistent with the terms of this section.
(Acts 1989, No. 89-521, p. 1067.)
(a) Any person who reports or attempts to report a credit card as being lost, stolen, or mislaid knowing the report to be false violates this subsection and shall be fined not more than $1,000.00 or imprisoned not more than one year, or both.
(b) Any cardholder who, with intent to defraud, uses a credit card which has previously been reported lost, stolen, or mislaid violates this subsection and shall be fined not more than $1,000.00 or imprisoned not more than one year, or both.
(Code 1975, §13-4-37; Acts 1975, No. 1225, p. 2557, §7.)
The following definitions apply to Section 13A-9-17:
(1) COIN MACHINE. A coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed:
a. To receive a coin or bill of a certain denomination or a token made for the purpose; and
b. In return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.
(2) SLUG. A metallic or other object or article which by virtue of its size, shape or any other quality is capable of being inserted, deposited or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill or token.
(Acts 1977, No. 607, p. 812, §4050.)
(a) A person commits the crime of unlawfully using slugs if:
(1) With intent to defraud the supplier, or another person, of property or a service sold or offered by means of a coin machine, he inserts, deposits or uses a slug in that machine; or
(2) He makes, possesses or disposes of a slug with intent that it be used unlawfully in a coin machine as provided in subdivision (a)(1) of this section.
(b) Unlawfully using slugs is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4051.)
(a) A person commits the crime of criminal impersonation if he:
(1) Assumes a false identity and does an act in his assumed character with intent to gain an economic benefit for himself or another or to injure or defraud another; or
(2) Pretends to be a representative of some person or organization and does an act in his pretended capacity with intent to gain an economic benefit for himself or another or to injure or defraud another.
(b) Criminal impersonation is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4055.)
(a) A person commits the crime of giving a false name or address to a law enforcement officer if the person gives a false name or address to a law enforcement officer in the course of the officer’s official duties with intent to mislead the officer.
(b) Giving a false name or address to a law enforcement officer is a Class A misdemeanor.
(Acts 1993, No. 93-204, §1.)
Any officer or agent of any private corporation or association or any other person who makes, emits, signs or countersigns, or causes or procures to be made, emitted, signed or countersigned, without authority of law, any paper to answer the purpose of money, or for general circulation, shall, on conviction, be fined not more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year.
(Code 1852, §101; Code 1867, §3643; Code 1876, §4433; Code 1886, §4143; Code 1896, §5546; Code 1907, §6426; Code 1923, §3492; Code 1940, T. 14, §93; Code 1975, §13-4-6.)
Any person who passes or circulates in this state any paper issued without authority of law to answer the purpose of money shall, on conviction, be fined not less than $20.00 nor more than $100.00.
(Code 1852, §102; Code 1867, §3644; Code 1876, §4434; Code 1886, §4144; Code 1896, §5547; Code 1907, §6427; Code 1923, §3493; Code 1940, T. 14, §94; Code 1975, §13-4-7.)
(a) A person commits the crime of submitting a false or fraudulent application for a certificate of qualification or license to practice medicine if:
(1) In connection with the submission of an application for a certificate of qualification or license to practice medicine, he submits or causes some other person to submit any materially false, fraudulent or deceptive statement in any document connected with the application for certificate of qualification or a license to practice medicine.
(2) In connection with the submission of an application for a certificate of qualification or license to practice medicine, he makes or causes another person to make any false, fraudulent or deceptive statement to the employees, agents or members of the Medical Licensure Commission or Board of Medical Examiners to whom he has submitted an application for a license.
(3) In connection with sitting for an examination administered by the Board of Medical Examiners, he attempts to give assistance to another or attempts to use the assistance of another in answering questions or solving problems contained in the licensing examination.
(4) In connection with sitting for an examination administered by the Board of Medical Examiners, he attempts to use unauthorized notes, symbols of other memorandums to assist him in answering questions or solving problems contained in the licensing examination during the actual administration of the licensing examination.
(5) In connection with sitting for an examination administered by the Board of Medical Examiners, he attempts to use an unauthorized copy of the licensing examination obtained by himself or another person in preparing to sit for the licensing examination.
(6) In connection with an examination administered by the Board of Medical Examiners he attempts to make or obtain an unauthorized copy of the examination or questions of the examination or retains a copy of the examination or a question of the examination which he is directed to return to the board.
(b) Submitting a false or fraudulent application is a Class C felony.
(Acts 1986, No. 86-538, p. 1049.)
AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of fraudulent sale or lease of residential real property if he or she does either of the following:
(1) Lists or advertises residential real property for sale knowing that he or she or the purported seller has no legal title or authority to sell the property.
(2) Rents or leases residential real property to another person knowing that he or she or the purported lessor has no legal ownership or other authority to lease the property.
(b) Fraudulent sale or lease of residential real property is a Class A misdemeanor.
(Act 2024-237, §3.)
(a) A person commits the crime of aggravated fraudulent sale or lease of residential real property if, with the intent to defraud:
(1) The person either: (i) lists, advertises, or causes the listing or advertisement of residential real property for sale knowing that the person or the purported seller has no legal title or authority to sell the real property; or (ii) rents, leases, or causes the rental or leasing of real property knowing the person or the purported lessor has no legal ownership or authority to lease the property; and
(2) Either: (i) the person received funds related to the sale or lease; or (ii) the property is owned individually or jointly by an individual who is 70 years of age or older.
(b) Aggravated fraudulent sale of real property is a Class C felony.
(Act 2026-536, §2.)
(a) The definitions contained in Sections 13A-8-1 and 13A-9-1 are applicable in this chapter unless the context otherwise requires.
(b) “Services” is defined as in Section 13A-8-10(b).
(Acts 1977, No. 607, p. 812, §4101.)
(a) A person commits the crime of deceptive business practices if in the course of engaging in a business, occupation, or profession, he:
(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(2) Sells, offers or exposes for sale, or delivers, less than the represented quantity of any commodity or service; or
(3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(4) Sells, offers or exposes for sale adulterated commodities; or
(5) Sells, offers or exposes for sale mislabeled commodities.
(b) It shall be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.
(d) “Mislabeled” means:
(1) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage; or
(2) Represented as being another person’s product, though otherwise labeled accurately as to quality and quantity.
(e) Deceptive business practices is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4105.)
(a) A person commits the crime of false advertising if, in connection with the promotion of a sale, transfer, consumption or use of property or services, he makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
(b) It is a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly in making the false or misleading statement or in causing it to be made. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) False advertising is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4110.)
(a) A person commits the crime of bait advertising if in any manner, including advertising or other means of communication to the public or to a substantial number of persons, he offers to sell property or services with the intent, plan or purpose not to sell or provide the advertised property or services:
(1) At the price at which he offered them; or
(2) In a quantity sufficient to meet the reasonably expected public demand, unless the advertisement discloses a limitation of quantity; or
(3) At all.
(b) Bait advertising is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4115; Acts 1978, No. 770, p. 1110.)
A television or radio broadcasting station, or a publisher or printer of a newspaper, magazine or other form of printed advertising, which broadcasts, publishes or prints a false advertisement or a bait advertisement of another person or a telephone company which furnishes service to a subscriber, without knowledge of the advertiser’s or subscriber’s intent, plan or purpose, does not commit a crime under Sections 13A-9-42 and 13A-9-43.
(Acts 1977, No. 607, p. 812, §4120.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
The following words and phrases as used in this article shall have the following meanings unless a different meaning is required by the context:
(1) CHARITABLE ORGANIZATION. Any benevolent, philanthropic, or patriotic person, or one purporting to be such, consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America, which solicits and collects funds for charitable purposes and includes each local, county, or area division within this state of the charitable organization; provided the local, county, or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization.
(2) CHARITABLE PURPOSE. Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America.
(3) CIVIL RIGHTS ORGANIZATION. Any charitable organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code that is organized to protect the rights of persons against deprivation, discrimination, or denial of their right to equal protection of the laws under the Constitution of the United States of America because of color, race, religion, sex, age, disability, or national origin.
(4) COMMERCIAL CO-VENTURER. Any person who for profit or other commercial consideration conducts, promotes, underwrites, arranges, or sponsors a sale, performance, or event of any kind which is advertised, and which will benefit, to any extent, a charitable or religious organization. However, any such person who will benefit in good will only is not a commercial co-venturer if the collection and distribution of the proceeds of the sale, performance, or event are supervised and controlled by the benefiting charitable or religious organization.
(5) CONTRIBUTION. The promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority. Reference to the dollar amount of “contributions” in this article means in the case of promises to pay, or payments for merchandise or rights of any other description, the value of the total amount promised to be paid for the merchandise or rights and not merely that portion of the purchase price to be applied to a charitable purpose.
(6) EDUCATIONAL INSTITUTION. A school, college, or other institution which has a defined curriculum, student body, and faculty and which conducts classes on a regular basis.
(7) PERSON. Any individual, organization, group, association, partnership, corporation, trust, or any combination of them.
(8) POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization, whether or not incorporated, which is organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function pursuant to 26 U.S.C. §527.
(9) PROFESSIONAL FUND RAISER. Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this state for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself or herself out to persons in this state as independently engaged in the business of soliciting contributions for such purposes. A bona fide officer or employee of a charitable organization is not a professional fund raiser unless his or her salary or other compensation is computed on the basis of funds to be raised, or actually raised. This section shall not apply to persons who solicit political campaign contributions on behalf of candidates for public office or initiatives on a ballot.
(10) PROFESSIONAL SOLICITOR. Any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes in this state.
(11) RELIGIOUS ORGANIZATION. Any society, sect, persuasion, mission, church, parish, congregation, temple, convention, or association of any of the foregoing, diocese or presbytery, or other organization, whether or not incorporated, or any employee thereof, no part of the net earnings of which inures to the benefit of any private party or individual associated with such an organization and that otherwise qualifies as an exempt organization under Section 501(c)(3) of Title 26, United States Code, as amended.
(Acts 1987, No. 87-605, p. 1052, §1; Acts 1996, No. 96-547, p. 786, §1.)
(a) Every charitable organization, except those granted an exemption in subsection (f), which is physically located in this state, and which intends to solicit contributions in or from this state, or to have contributions solicited in this state, on its behalf, by other charitable organizations, paid solicitors, or commercial co-venturers in or from this state, prior to any solicitation, shall file a registration statement with the Attorney General upon a form prescribed by the Attorney General containing all of the following information:
(1) The name of the organization and the name or names under which it intends to solicit contributions.
(2) The names and addresses of the officers, directors, trustees, and executive personnel of the organization.
(3) The addresses of the organization and the addresses of any offices in this state. If the organization does not maintain an office, the name and address of the person having custody of its financial records.
(4) The place where and the date when the organization was legally established, the form of its organization, and its tax exempt status.
(5) The purposes for which the organization is organized and the purpose or purposes for which the contributions to be solicited will be used.
(6) The date on which the fiscal year of the organization ends.
(7) Whether the organization is authorized by any governmental authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions.
(8) The names and addresses of any professional fund raisers and commercial co-venturers who are acting or have agreed to act on behalf of the organization.
(b) With the initial registration only, every charitable organization required to be registered shall also file with the Attorney General a copy of the charitable organizational charter, articles of organization or incorporation, agreement of association, instrument of trust, constitution or other organizational instrument and bylaws, and a statement setting forth the place where and the date when the organization was legally established, the form of this organization, and its tax exemption status attaching federal or state tax exemption determination letters.
(c) The registration form shall be signed by the president or other authorized officer and the chief fiscal officer of the organization.
(d) Every charitable organization required to register shall pay a fee of twenty-five dollars ($25) to the Attorney General at the time of registration.
(e) The registration shall remain in effect unless it is either cancelled as provided in this section or withdrawn by the organization. Every registered organization shall notify the Attorney General within 10 days of any change in the information required to be furnished by the organization under subsection (a).
(f) The following persons shall not be required, pursuant to this article, to register with the Attorney General:
(1) Educational institutions and their authorized and related foundations.
(2) Religious organizations.
(3) Political organizations.
(4) Fraternal, patriotic, benevolent, social, educational, alumni, health care foundation, historical, and civil rights organizations, including fraternities and sororities and any auxiliaries associated with any such organizations.
(5) Civic leagues and civic organizations that solicit contributions solely from their own membership.
(6) Persons requesting any contributions for the relief of any individual, specified by the name at the time of the solicitation, if all of the contributions collected do not exceed ten thousand dollars ($10,000) and, without any deductions, are turned over to the named beneficiary.
(7) Any charitable organization that does not intend to solicit and receive and does not actually receive contributions in excess of twenty-five thousand dollars ($25,000) during a fiscal year of the organization, provided all of its fund raising functions are carried on by persons who are not paid for such services. If the gross contributions received by a charitable organization during any fiscal year of that organization are in excess of twenty-five thousand dollars ($25,000), within 30 days after the date it receives total contributions in excess of twenty-five thousand dollars ($25,000), the charitable organization shall register with the Attorney General as required by this section.
(8)a. Any charitable organization receiving an allocation from an incorporated community chest or united fund, provided all of the following requirements have been met:
The chest or fund is complying with this section relating to registration and filing of annual reports with the Attorney General.
The charitable organization does not actually receive, in addition to an allocation, contributions in excess of twenty-five thousand dollars ($25,000) during the fiscal year.
All of the fund raising functions of the charitable organization are carried on by persons who are not paid for such services.
b. If the gross contributions other than the allocation received by the charitable organization during any fiscal year of the charitable organization are in excess of twenty-five thousand dollars ($25,000), the charitable organization, within 30 days after the date it receives the contributions in excess of twenty-five thousand dollars ($25,000), shall register with the Attorney General as required by this section.
(9) A local post, camp, chapter, or similarly designated element, or a county unit of such elements of a bona fide veterans organization, which issues charters to local elements throughout this state, or a bona fide organization of volunteer firefighters, ambulance companies, or rescue squads, or a bona fide auxiliary or affiliate of such organizations, provided all of its fund raising activities are carried on by members of the organization, family members of the members of the organization, volunteers, or an affiliate of the organization and the members receive no compensation, directly or indirectly, therefor.
(g) Every charitable organization registered pursuant to subsection (a), within 90 days of the close of its fiscal year ending after the date on which the charitable organization files its initial registration pursuant to subsection (a), shall file an annual written report. Each annual report shall be sworn to under oath, shall be in the form prescribed by the Attorney General, and shall include a financial statement covering the fiscal year, clearly setting forth the gross income, expenses, and net income inuring to the benefit of the charitable organization, a balance sheet as of the close of the fiscal year, and a schedule of the activities carried on by the charitable organization in the performance of its purposes and the amounts expended thereon during the fiscal year. An organization may also meet this requirement by submitting a copy of the Form 990 submitted to the Internal Revenue Service as required by federal law. A fee of twenty-five dollars ($25) payable to the Attorney General shall accompany the report at the time of filing.
(1) The Attorney General shall cancel the registration of any charitable organization that fails within the time prescribed to comply with this subsection, or fails to furnish any additional information requested by the Attorney General within the required time. The Attorney General may extend the time for filing the reports for a period not to exceed 180 days. Notice of cancellation pursuant to this subsection shall be mailed to the registrant at least 15 days before the effective date thereof.
(2) All records, books, and reports maintained by any charitable organization registered or required to register pursuant to subsection (a) shall be available for inspection during normal business hours at the principal office of the organization, by the Attorney General, or the duly authorized representative of the Attorney General.
(h) No person shall act as a professional fund raiser or commercial co-venturer either before he or she registers with the Attorney General, or after the expiration or cancellation of his or her registration and prior to renewal thereof. Applications for registration and renewal shall be in writing, under oath, in the form prescribed by the Attorney General, and shall be accompanied by an annual fee in the amount of one hundred dollars ($100).
(1) The applicant shall at the time of making application, file with, and have approved by the Attorney General, a bond in which the applicant shall be the principal obligor in the sum of ten thousand dollars ($10,000) with one or more sureties whose liability in the aggregate as sureties will at least equal that sum. The bond shall run to the Attorney General for the use of the state and to any person who may have a cause of action against the obligor of the bond for any malfeasance or misfeasance in the conduct of the solicitation.
(2) Registration shall be for the period of one year, or a part thereof, expiring on the 30th day of September and may be renewed upon written application under oath, in the form prescribed by the Attorney General, the filing of the bond, and the payment of the fee prescribed for an additional one-year period. Applications, registrations, renewals, and bonds, when filed with the Attorney General, shall become public records in the Office of the Attorney General.
(3) A professional fund raiser or commercial co-venturer shall maintain accurate and current books and records of his or her activities while required to be registered under this section and until at least two years have elapsed at the end of the effective period of the registration to which they relate. He or she shall keep the books and records in his or her office available for inspection and examination by the Attorney General, or the duly authorized representative of the Attorney General.
(i) All contracts entered into between professional fund raisers or commercial co-venturers and charitable organizations shall be in writing. A true and correct copy of each contract shall be filed by the professional fund raiser or commercial co-venturer with the Attorney General within 10 days after it is executed. No services shall be performed under a contract until the expiration of 15 days from the date the contract is filed with the Attorney General. Within 90 days after the termination of the contract, the professional fund raiser or commercial co-venturer shall file a closing statement with the Attorney General disclosing gross receipts and all expenditures incurred in the performance of the contract.
(j) No person shall act as a professional solicitor in the employ of a professional fund raiser who is required to register pursuant to this section before he or she has registered with the Attorney General or after the expiration or cancellation of the registration or any renewal thereof. Application for registration shall be in writing, under oath, in the form prescribed by the Attorney General and shall be accompanied by a fee in the amount of twenty-five dollars ($25). Registration when effected shall be for a period of one year, or a part thereof, expiring with the 30th day of September and may be renewed upon written application, under oath, in the form prescribed by the Attorney General and the payment of the fee prescribed herein for additional one-year periods. Applications for registration, when filed with the Attorney General, shall become public records in the Office of the Attorney General.
(k) Any charitable organization, professional fund raiser, professional solicitor, or commercial co-venturer that is subject to this article, having its principal place of business outside this state, or organized under and by virtue of the laws of a foreign state, shall be deemed to have irrevocably appointed the Secretary of State as its agent upon whom may be served any summons, subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund raiser, professional solicitor, or commercial co-venturer, or any partner, principal officer, or director thereof, in any action or proceeding brought pursuant to this article. Service of process upon the Secretary of State shall be made by personally delivering a copy to the Office of the Secretary of State and depositing it with the Secretary of State or his or her agent. Service shall be sufficient if notice of the service and a copy of the process shall be forthwith sent by the Secretary of State to the charitable organization, professional fund raiser, commercial co-venturer, or other person to whom it is directed, by registered mail, with return receipt requested, to the last address known to the Secretary of State.
(l) No person, except an officer, director, or trustee of the charitable organization by or for whom contributions are solicited, shall for the purpose of soliciting contributions from persons in this state, use the name of any charitable organization without the consent of the charitable organization.
(m) A person shall be deemed to have used the name of a charitable organization for the purpose of soliciting contributions if the latter charitable organization’s name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or his or her name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.
(n) Nothing contained in this section shall prevent the publication of names of contributors without their written consent in an annual or other periodic report issued by a charitable organization for the purpose of reporting its operations and affairs to its membership or for the purpose of reporting contributions to contributors.
(o) No charitable organization or professional fund raiser soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.
(p) Every individual in the process of soliciting funds shall identify himself or herself. If the individual is being paid for soliciting, he or she shall so inform the solicitee of his or her being so paid. This information shall be disclosed to the solicitee in a clear manner before attempting any solicitations.
(q) Any solicitor or person who knowingly violates this section shall be guilty of charitable fraud. The initial conviction of charitable fraud shall be a Class A misdemeanor. A second or subsequent conviction of charitable fraud shall be a Class C felony.
(r) In addition to all other remedies provided by law, the Attorney General, or a district attorney, may bring an action to enjoin the violation of this section. The Attorney General, or district attorney, may give at least 15 days written notice by registered or certified mail to the charitable organization, person, or persons violating the provisions hereof. The notice shall require that registration be accomplished or that the solicitation of funds be immediately terminated. The failure to immediately discontinue solicitation, or to register in accordance with this section, shall be unlawful and the charitable organizations or persons committing the violation shall forfeit and pay a penalty of not more than five thousand dollars ($5,000) upon petition by the Attorney General or a district attorney acting in the name of the state. The Attorney General shall have the authority to formulate rules interpreting this section as necessary to the administration and enforcement of its provisions.
(s)(1) Except as required or authorized by federal law, no state agency or state official shall impose any annual filing or reporting requirement on any charitable organization, professional fund raiser, commercial co-venturer, or professional solicitor, or their agent, or any other entity regulated or specifically exempted from regulation under this article that is more stringent, restrictive, or expansive than the requirements authorized under state law.
(2) Notwithstanding subdivision (1), this subsection does not apply to state grants, state contracts, or state fraud investigations, and does not restrict enforcement actions against specific nonprofit organizations.
(Acts 1987, No. 87-605, p. 1052, §2; Acts 1996, No. 96-547, p. 786, §1; Act 2023-277, §1.)
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.)
(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.)
(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.)
(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.)
(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.)
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.)
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.)
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.)
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.)
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.)
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.)
(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.)
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.)
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.)
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.)
(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.)
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.)
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.)
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.)
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.)
(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.)
(a) For the purposes of this section, public assistance means money or property provided directly or indirectly to eligible persons through programs of the federal government, the state, or any political subdivision thereof, including any program administered by a public housing authority.
(b) It shall be unlawful for an individual or business entity to knowingly do any of the following:
(1) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used in making a determination as to the qualification of the person to receive public assistance.
(2) Fail to disclose a change in circumstances in order to obtain or continue to receive any public assistance to which he or she is not entitled or in an amount larger than that to which he or she is entitled.
(3) Aid and abet another person in the commission of the prohibitions enumerated in subdivisions (1) and (2).
(4) Use, transfer, acquire, traffic, alter, forge, possess, attempt to use, attempt to transfer, attempt to acquire, attempt to traffic, attempt to alter, attempt to forge, attempt to possess, or aid and abet another person in the use, transfer, acquisition, traffic, alteration, forgery, or possession of a food assistance identification card, an authorization, including, but not limited to, an electronic authorization, for the expenditure of food assistance benefits, a certificate of eligibility for medical services, or a Medicaid identification card in any manner not authorized by law, or to re-encode a magnetic strip on any card with information issued by any state or federal agency that grants monetary benefits that were not issued by that agency or that does not match the information on the front of the card.
(5) File, attempt to file, or aid and abet in the filing of a claim for services to, or on behalf of, a recipient of public assistance for services that were not rendered.
(6) File a false claim or a claim for nonauthorized items or services under any state or federally funded public assistance program.
(7) Bill the recipient of public assistance, or his or her family, for an amount in excess of that provided for by law or regulation.
(8) Fail to credit, return, or pay back to the state or its agents any payments received from Social Security, insurance, or other sources of funds paid or administered by any state agency that are in excess of the approved or listed amount or were received or approved based on fraud or fraudulent conduct.
(9) In any way receive, attempt to receive, or aid and abet in the receipt of unauthorized payments or other unauthorized public assistance or authorization or identification to obtain public assistance.
(10) Convert, charge, accept, or in any way take any funds administered by a public assistance program in excess of the listed price plus any applicable taxes.
(11) Receive payment that includes public assistance funds, in any form, for the purchase of items that are not authorized or are prohibited by state or federal law.
(c) In order to commit a violation of subsection (b), a hospital, as defined in Section 22-21-20, or an employee, agent, contractor, subcontractor, or independent contractor of a hospital, or a physician or a physician’s employee, agent, contractor, subcontractor, or independent contractor must have specific intent to make a claim or obtain a payment for a health care item or service for which he or she has actual knowledge, as opposed to constructive knowledge, that he or she is not entitled to the claim or payment or that he or she has actual knowledge that his or her patient is not otherwise entitled to coverage under a public assistance program.
(d) It shall be unlawful for any person having duties in the administration of a public assistance program or in the distribution of public assistance or with authorization or identification to obtain public assistance to do any of the following:
(1) Fraudulently misappropriate, attempt to misappropriate, knowingly fail to disclose fraudulent activity, or aid and abet in the misappropriation of a food assistance, an authorization for food assistance, a food assistance identification card, a certificate of eligibility for prescribed medicine, a Medicaid identification card, or any other public assistance program with which he or she has been entrusted or of which he or she has gained possession by virtue of his or her position.
(2) Knowingly misappropriate, attempt to misappropriate, or aid and abet in the misappropriation of funds given in exchange for food assistance program benefits or for any form of food assistance benefits authorization.
(e)(1) In addition to any other penalty provided by law, an individual or business entity that violates this section in an aggregate value of two hundred dollars ($200) or more shall be guilty of a Class C felony.
(2) In addition to any other penalty provided by law, an individual or business entity that violates this section in an amount less than the aggregate value of two hundred dollars ($200) shall be guilty of a Class A misdemeanor.
(3) Three or more violations of this section shall establish a rebuttable presumption that the individual knowingly violated this section.
(f) The value of a food assistance authorization benefit shall be equal to the cash or exchange value unlawfully obtained by the fraudulent act committed in violation of this section.
(g) For the purposes of this section, public assistance fraud shall include the introduction of fraudulent records into a computer system, the unauthorized use of computer facilities, the intentional or deliberate alteration or destruction of computerized information or files, fraudulent billing or charging, and the stealing of financial instruments, data, and other assets.
(h) Repayment of public assistance benefits or services or return of authorization or identification wrongfully obtained is not a defense to, or ground for dismissal of, criminal charges brought under this section. However, in situations in which a hospital, as defined in Section 22-21-20, or an employee, agent, contractor, subcontractor, or independent contractor of a hospital, or a physician or his or her employee, agent, contractor, subcontractor, or independent contractor has overbilled or received an overpayment for a medical or health care service or improperly charted, coded, or billed for any medical or health care service, common practices, including but not limited to, repayment, even years later, may use as a defense to, or ground for dismissal of, a prosecution under this section.
(i) The introduction into evidence of a paid state warrant to the order of the defendant is prima facie evidence that the defendant did receive public assistance from the state.
(j) The introduction into evidence of a transaction history generated by a personal identification number (PIN) establishing a purchase or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient received public assistance from the state.
(k)(1) If an original record is admissible in any case or proceeding in a court in the state, a certified copy of the record in the custody of any federal or state agency relating to an investigation of public assistance fraud under this section shall be admissible when certified and affirmed by the custodian of the agency records as provided in subdivision (2), without further proof in any court in the state where admissible. The agency records must satisfy both of the following:
a. Were made and kept in the usual and regular course of business of the agency.
b. Were made at the time that the acts, transactions, occurrences, or events occurred or arose or within a reasonable time thereafter.
(2) The certificate of the custodian of a record under subdivision (1) shall name the parties to the case or proceeding and the name of the court to which made, by appropriate caption. The certificate shall be in the following form:
“I, ______________, hereby certify and affirm in writing that I am ______________ (title) of the _______________ (agency), a governmental agency, located at _______________, that I am custodian of the agency records of the agency and that the copy of the records within are an exact, full, true, and correct copy of the records pertaining to ________________. These records were made and kept in the usual and regular course of business of the listed agency and it was in the regular course of business of the listed agency to make and keep the records and that the records were made at the time that the acts, transactions, occurrences, or events that occurred or arose, or within a reasonable time thereafter. All of which I hereby certify and affirm on this ____ day of __________, ____”
(l) The Department of Human Resources, the Medicaid Agency, the Housing Finance Authority, and any other state agency that administers public assistance shall create an error-prone or fraud-prone case profile within its public assistance information system and shall screen each application for public assistance, including food assistance, Medicaid, temporary cash assistance, and public housing, against the profile to identify cases that have a potential for error or fraud. Each case identified as having a potential for error or fraud shall be subjected to preeligibility fraud screening. The Department of Human Resources may utilize the Income and Eligibility Verification System to comply with the criteria of this section to address fraud.
The Alabama Medicaid Agency may utilize the Federal Data Services Hub to comply with the criteria of this section.
(m)(1) Any person providing service for which compensation is paid under any state or federally funded public assistance program who solicits, requests, or receives, either actually or constructively, any payment or contribution through a payment, assessment, gift, devise, bequest, or other means, whether directly or indirectly, from a recipient of public assistance from a public assistance program, or from the family of the recipient, shall notify the Department of Human Resources, on a form provided by the department, of the amount of the payment or contribution and of any other information as specified by the department, within 10 days after the receipt of the payment or contribution, or if the payment or contribution is to become effective at some time in the future, within 10 days of the consummation of the agreement to make the payment or contribution. This subsection shall not apply to a hospital, as defined in Section 22-21-20, that treats Medicaid or Medicare patients, or a physician who treats Medicaid or Medicare patients.
For the purposes of this subsection, the term payment shall not include any copayment paid by a recipient of Medicaid to a medical provider.
(2) Failure to notify the Department of Human Resources within the prescribed time is a Class A misdemeanor.
(n)(1) All funds, proceeds, or property, whether real or personal, used or intended to be used in the commission of any violation of this section, obtained in any way by a violation of this section, or in any way derived from the proceeds of a violation of this section, are subject to forfeiture. This forfeiture provision shall not apply to payments received by a hospital, as defined in Section 22-21-20, for services provided to Medicaid recipients. A forfeiture proceeding shall be by means of an in rem civil action.
(2) Subsections (b) through (e), inclusive, and subsection (h) of Section 20-2-93, are applicable to forfeiture proceeding under this subsection, including all of the following portions of the proceeding:
a. How seizure of funds, proceeds, or property may be made.
b. The promptness of the proceeding.
c. Custody of funds, proceeds, and property.
d. Disposition of property after forfeiture.
e. How a bona fide lien holder’s interests are treated.
(3) The standard of proof in a forfeiture proceeding under this subsection is reasonable satisfaction that the funds, proceeds, or property subject to forfeiture were used or intended to be used to violate this section or were obtained based on a violation of this section.
(o) Nothing in this section and Section 40-18-100 shall apply to Section 22-1-11.
(Act 2014-424, p. 1553, §§1, 3.)
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, p. 1049, §1.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(a) A person commits the crime of false reporting to local, state, or federal law enforcement authorities if he or she knowingly makes a false report or causes the transmission of a false report to local, state, or federal law enforcement authorities of a crime or relating to a crime.
(b) False reporting to local, state, or federal law enforcement authorities is a Class A misdemeanor, unless the false report alleges imminent danger to a person or the public, where the penalty shall be a Class C felony.
(c) A person convicted of a violation of this section, where the false report results in an emergency response or investigation of the commission of false reporting, shall be ordered to pay restitution for the expenses incurred by any local, state, or federal law enforcement or assisting governmental agency. Expenses include any reasonable costs directly incurred, including the costs of police, firefighting, and emergency medical services, and the personnel costs of those persons who respond to the incident.
(Acts 1977, No. 607, p. 812, §4540; Acts 1979, No. 79-471, p. 862, §1; Act 2024-345, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) EMERGENCY. Either of the following:
a. Any condition that results in, or is likely to result in, the response of a law enforcement agency or emergency service provider acting in their official capacity.
b. Any condition that jeopardized or is likely to jeopardize public safety and results in, or is likely to result in, the evacuation of any area, building, structure, or vehicle.
(2) EMERGENCY SERVICE PROVIDER. As defined in Section 11-98-1.
(3) LAW ENFORCEMENT AGENCY. As defined in Section 15-5-62.
(b) A person commits the crime of swatting if he or she knowingly reports, or causes to be reported, false or misleading information regarding a crime or emergency to a law enforcement agency or emergency service provider under circumstances where the false or misleading information is likely to cause a response from a law enforcement agency or an emergency service provider.
(1) A violation of this subsection is a Class A misdemeanor if the false or misleading report is of a misdemeanor offense.
(2) A violation of this subsection is a Class C felony if the false or misleading report is of a felony offense or emergency.
(3) A violation of this subsection is a Class B felony if the false or misleading report is of a felony offense or emergency and the emergency response causes physical injury to any person.
(4) A violation of this subsection is a Class A felony if the false or misleading report is of a felony offense or emergency and the emergency response causes serious physical injury or death to any person.
(c) For the purposes of determining venue, a violation of this section shall be considered to be committed in any county: (i) where the false or misleading report was made; (ii) where the false or misleading report was received by a law enforcement agency or emergency service provider; or (iii) in which a law enforcement agency or emergency service provider responded to the false or misleading report.
(d) Any person convicted of this section shall be ordered to pay restitution to any individual, agency, or entity who incurs damages as a proximate result of responding to the false report.
(Act 2024-297, §1.)
(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.)
(a) A person commits the crime of impersonating a peace officer if he or she does any of the following:
(1) Falsely pretends to be a peace officer and does any act in that capacity.
(2) Is employed as or otherwise accepts an appointment as a peace officer either:
a. Knowing that he or she is not eligible to serve as a peace officer under the laws of this state; or
b. Knowing that his or her certification with the Alabama Peace Officers’ Standards and Training Commission has been revoked or suspended.
(3) Employs, appoints, or otherwise facilitates a person serving as a peace officer when he or she knows the person is prohibited from serving as a peace officer under subdivision (2).
(b) Impersonating a peace officer is a Class C felony.
(c) For the purposes of this section, “peace officer” includes any officer or employee of the federal government vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
(Acts 1977, No. 607, p. 812, §4550; Act 2023-361, §1; Act 2025-62, §1.)
(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.)
(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.)
(a) It is unlawful for anyone to possess and present a facsimile of an official identification card issued by the Alabama State Law Enforcement Agency.
(b) It is a Class A misdemeanor for any person to possess and present such a facsimile of an official identification card as described in subsection (b) of Section 13A-10-13.
(Acts 1994, No. 94-716, §3.)
[Repealed]
REPEALED BY ACT 2023-493, EFFECTIVE SEPTEMBER 1, 2023.
(a) A person commits the crime of making a terrorist threat when he or she credibly, based on an objective evaluation, threatens to commit a crime of violence against a person or to damage any property by use of a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or other mechanism and any of the following:
(1) The threat causes the evacuation of any real property, as defined under this section.
(2) The threat causes the disruption of school, church, or government activity.
(3) The threat is with intent to retaliate against the victim because of his or her involvement or participation as any of the following:
a. A witness or party in any judicial or administrative proceeding.
b. A person who produced records, documents, or other objects in a judicial or administrative proceeding.
c. A person who provided to a law enforcement officer, adult or juvenile probation officer, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state, of the United States, or a violation of conditions of bail, pretrial release, probation, or parole.
(b) As used in this section, the following terms shall have the following meanings:
(1) PROPERTY. Personal or real property. The term includes, but is not limited to, any of the following buildings or real property:
a. A church, mosque, synagogue, or other religious real property.
b. A public or private school.
(2) THREATEN. A person threatens another if all of the following occur:
a. The person intentionally and knowingly makes a statement verbally, in writing, by means of an electronic communication device, or by any other means to harm a person or property.
b. The statement is communicated to another person.
c. Under the circumstances, the threatened harm is credible and imminent.
d. The statement, on its face and under the circumstances in which it is made, is so unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat.
e. The statement causes the person to reasonably be in sustained fear for his or her own safety or for the object of the threat.
(3) WEAPONS OF MASS DESTRUCTION. Any of the following:
a. A destructive device as defined in 18 U.S.C. § 921.
b. A weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals.
c. A weapon involving a biological agent, toxin, or vector, as those terms are defined in 18 U.S.C. § 178.
d. A weapon that is designed to release radiation or radioactivity at a level dangerous to human life.
(c) The crime of making a terrorist threat is a Class C felony.
(Act 2000-807, p. 1919, §1; Act 2018-553, §1.)
(a) For the purposes of this section, “public safety communication” means any radio signal, electronic transmission, telephone communication, or broadcast, intended for law enforcement, fire service, 911 personnel, or emergency personnel acting in an official capacity under color of law, which is transmitted or received by any equipment or system capable of either receiving or transmitting telephone communication, radio signals or other electronic transmissions on a wavelength, frequency, or channel allocated by the Federal Communications Commission or otherwise for use by law enforcement, fire service, 911 personnel, or emergency personnel.
(b) Except as provided in subsection (c), a person commits the offense of interference with public safety communication if the person does any of the following:
(1) Knowingly and intentionally displaces, damages, removes, injures, tampers with, destroys, or renders inoperable any transmitter, receiver, transceiver, tower or antenna, or any cable, telegraph or telephone line, or equipment, wire, fiber, pole, computer equipment, telecommunication switch, dispatching equipment, or conduit belonging to, required, used, or intended to be used for public safety communication, or material or property appurtenant thereto.
(2) Knowingly and intentionally displaces, damages, removes, injures, tampers with, destroys, or renders inoperable any audible or visual device or outdoor speaker or siren which is intended to indiscriminately provide or generate mass notification, alert, or warning of persons in the event of an emergency, or the material or property appurtenant thereto.
(3) Knowingly and intentionally interferes with the transmission or reception of any data, communication, message, or public safety communication by any law enforcement, fire service, 911 personnel, or emergency service agency in order to hinder the agency in the fulfillment of its duties.
(4) Knowingly and intentionally operates, or permits to be operated, any apparatus in his or her possession, or under his or her direct or indirect control, which is capable of transmitting radio signals or telephone communications that interfere with or cause disruption of a public safety communication.
(5) Knowingly and intentionally intercepts any transmission of a public safety communication which is encrypted for the purpose of preventing the unauthorized access to sensitive information.
(c) Subsection (b) does not apply to any of the following:
(1) A certified law enforcement officer acting under color of law in performance of his or her duties.
(2) Any officer, operator, employee, or agent acting in an official capacity on behalf of an agency, authority, or organization which maintains or oversees public safety communication activities or equipment.
(3) A person who has permission in writing from the head of a law enforcement, fire service, public safety, or emergency service agency or organization to possess and use any radio transceiver or apparatus capable of transmitting or receiving messages or signals within a wavelength, channel, or talkgroup assigned to the agency granting the permission.
(4) Any utility personnel acting within the scope of his or her duties.
(5) Any wireless telecommunications carrier employee acting within the scope of his or her duties or in good faith reliance on an intercept court order.
(d) It shall be the duty of any law enforcement officer to seize and hold for evidence any equipment possessed or used in violation of this section, and upon conviction of the person possessing or using the equipment, the court shall order such equipment destroyed or forfeited to the State of Alabama or to the authorized jurisdiction making the arrest and prosecution of the offense.
(e) Interference with public safety communication is a Class C felony.
(Act 2014-239, p. 766, §1.)
(a) The definitions contained in Section 13A-10-1 are applicable in this article unless the context requires otherwise.
(b) The following definitions are also applicable to this article:
(1) CONTRABAND. Any article or thing which a person confined in a detention facility is legally prohibited from obtaining or possessing by statute, rule, regulation, detention center policy, or order.
(2) CUSTODY. A restraint or detention by a public servant pursuant to a lawful arrest, conviction, or order of court, but does not include mere supervision of probation or parole or constraint incidental to release on bail.
(3) DETENTION FACILITY. Any place used for the confinement, pursuant to law, of a person:
a. Charged with or convicted of a criminal offense.
b. Charged with being or adjudicated a youthful offender, or a neglected minor or juvenile delinquent.
c. Held for extradition.
d. Otherwise confined pursuant to an order of court.
(4) PENAL FACILITY. Any security correctional institution for the confinement of persons arrested for, charged with, or convicted of a criminal offense, including, but not limited to, the state penitentiary and any branch of the state penitentiary, or any county or city jail.
(Acts 1977, No. 607, p. 812, §4601; Acts 1978, No. 770; Act 2023-336, §1.)
(a) A person commits the crime of escape in the first degree if:
(1) He employs physical force, a threat of physical force, a deadly weapon or a dangerous instrument in escaping or attempting to escape from custody; or
(2) Having been convicted of a felony, he escapes or attempts to escape from custody imposed pursuant to that conviction.
(b) Escape in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §4606; Acts 1979, No. 79-471, p. 862, §1; Acts 1980, No. 80-753, §2.)
(a) A person commits the crime of escape in the second degree if he escapes or attempts to escape from a penal facility.
(b) Escape in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4607.)
(a) A person commits the offense of escape in the third degree if he escapes or attempts to escape from custody.
(b) Escape in the third degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4608; Acts 1978, No. 770, p. 1110.)
(a) A person commits the crime of permitting or facilitating escape in the first degree if:
(1) He intentionally aids or attempts to aid in the escape of a person arrested for, charged with or convicted of a felony from a penal facility; or
(2) He is a public servant of a penal facility and intentionally, knowingly or recklessly permits or facilitates the escape of a person arrested for, charged with or convicted of a felony.
(b) Permitting or facilitating an escape in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4610.)
(a) A person commits the crime of permitting or facilitating escape in the second degree if:
(1) He intentionally aids or attempts to aid in the escape of a person arrested for, charged with or convicted of a misdemeanor from a penal or detentional facility; or
(2) He is a public servant of a penal or detention facility and who intentionally, knowingly, or recklessly permits or facilitates the escape of a person arrested for, charged with, or convicted of a misdemeanor.
(b) Permitting or facilitating escape in the second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4611.)
(a) A person is guilty of promoting prison contraband in the first degree if he or she does either of the following:
(1) Intentionally and unlawfully introduces within a detention facility, or provides an inmate or juvenile with, any deadly weapon, instrument, tool, or other item that may be useful for escape.
(2) Being a person confined in a detention facility, intentionally and unlawfully makes, obtains, or possesses any deadly weapon, instrument, tool, or other item that may be useful for escape.
(b) Promoting prison contraband in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4615; Act 2023-336, §1.)
(a) A person is guilty of promoting prison contraband in the second degree if he or she does either of the following:
(1) Intentionally and unlawfully introduces within a detention facility, or provides an inmate or juvenile with, any narcotic, dangerous drug, or controlled substance as defined in the “Alabama Controlled Substances Act,” or any amendments thereto.
(2) Being a person confined in a detention facility, intentionally and unlawfully makes, obtains, or possesses any narcotic, dangerous drug, or controlled substance as defined in Chapter 2 of Title 20.
(b) Promoting prison contraband in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4616; Act 2023-336, §1.)
(a) A person is guilty of promoting prison contraband in the third degree if he or she does any of the following:
(1) Intentionally and unlawfully introduces within a detention facility, or provides an inmate or juvenile with, any contraband or item that the actor knows or should know is unlawful to introduce or for the inmate or juvenile to possess.
(2) Being a person confined in a detention facility, intentionally and unlawfully makes, obtains, or possesses any contraband.
(3) Intentionally introduces within a state detention facility operated by the Department of Corrections, or provides an inmate in a state detention facility operated by the Department of Corrections with, any currency or coin that the actor knows or should know is unlawful to introduce or the possession of which is not authorized by an inmate by the written policy of the Department of Corrections.
(4) Being a person in the custody of the Department of Corrections, obtains or possesses any currency or coin, the possession of which is not authorized by the written policy of the Department of Corrections.
(b) Promoting prison contraband in the third degree is a Class B misdemeanor.
(c) Any currency or coin contraband found on or in the possession of any inmate in any state detention facility operated by the Department of Corrections, the possession of which is not authorized by the written policy of the Department of Corrections, shall be confiscated and liquidated after notice and a hearing as provided by departmental policy and the proceeds shall be deposited in the general operating fund of the department.
(Acts 1977, No. 607, p. 812, §4617; Acts 1996, No. 96-753, p. 1325, §§1, 2; Act 2023-336, §1.)
(a) The person commits the crime of bail jumping in the first degree if, having been lawfully released from custody, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of his having committed murder or any Class A or B felony, he fails to appear at the time and place.
(b) It is a defense to prosecution under this section that the defendant’s failure to appear was unintentional or was unavoidable and due to circumstances beyond his control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability and circumstances beyond his control, is on the defendant.
(c) Bail jumping in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4620.)
(a) A person commits the crime of bail jumping in the second degree if, having been lawfully released from custody, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of his having committed any misdemeanor or Class C felony, he fails to appear at that time and place.
(b) It is a defense to prosecution under this section that the defendant’s failure to appear was unintentional or was unavoidable and due to circumstances beyond his control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability and circumstances beyond his control, is on the defendant.
(c) This section does not apply to a person released from custody on condition that he will appear in connection with a charge of having committed a misdemeanor in violation of Title 32 of this Code.
(d) Bail jumping in the second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4621.)
(a) A person commits the crime of bail jumping in the third degree if, having been lawfully released from custody, with or without bail, upon condition that he or she is subject to electronic monitoring, he or she violates any condition of his or her court ordered electronic monitoring.
(b) It is a defense to prosecution under this section that the defendant’s violation was unintentional or was unavoidable and due to circumstances beyond his or her control. The burden of injecting the defense of an unintentional violation, or unavoidability and circumstances beyond his or control, is on the defendant.
(c) Bail jumping in the third degree is a Class C misdemeanor.
(Act 2026-316, §1.)
(a) A person commits the crime of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from affecting a lawful arrest of himself or of another person.
(b) Resisting arrest is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4625.)
For the purposes of Sections 13A-10-43 through 13A-10- 45, a person renders “criminal assistance” to another if he:
(1) Harbors or conceals such person;
(2) Warns such person of impending discovery or apprehension; except that this subdivision does not apply to a warning given in connection with an effort to bring another into compliance with the law;
(3) Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;
(4) Prevents or obstructs, by means of force, deception or intimidation, anyone except a trespasser from performing an act that might aid in the discovery or apprehension of such person; or
(5) Suppresses, by an act of concealment, alteration or destruction, any physical evidence that might aid in the discovery or apprehension of such person.
(Acts 1977, No. 607, p. 812, §4635.)
(a) A person commits the crime of hindering prosecution in the first degree if with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a murder or a Class A or B felony, he renders criminal assistance to such person.
(b) Hindering prosecution in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4636; Acts 1979, No. 79- 471, p. 862, §1.)
(a) A person commits the crime of hindering prosecution in the second degree if with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a Class C felony or a Class A misdemeanor, he renders criminal assistance to such person.
(b) Hindering prosecution in the second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4637; Acts 1979, No. 79-471, p. 862, §1.)
(a) A person commits the crime of hindering the apprehension of an escapee if, with the intent to hinder the apprehension of a person known to have escaped from a detention facility, he renders criminal assistance to such person.
(b) Hindering apprehension of an escapee is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4640; Acts 1979, No. 79- 471, p. 862, §1.)
This article shall be known and cited as the “Officer Keith E. Houts Act.”
(Act 2009-616, p. 1779, §1.)
(a) For purposes of this article, the term law enforcement officer shall mean any person who has all of the following qualifications:
(1) He or she has the power to arrest pursuant to the laws of this state.
(2) He or she is certified by the Alabama Peace Officers and Standards Training Commission.
(3) He or she is acting in his or her official capacity.
(4) He or she is not on strike or involved in a work stoppage.
(5) He or she is not on duty as a private security officer.
(Act 2009-616, p. 1779, §2.)
(a) It shall be unlawful for a person to intentionally flee by any means from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person.
(b) It shall be unlawful for a person while operating a motor vehicle on a street, road, alley, or highway in this state, to intentionally flee or attempt to elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.
(c)(1) A violation of subsection (a) or (b) is a Class A misdemeanor.
(2) A violation of subsection (a) or (b) is a Class C felony if any of the following occur:
a. The flight or attempt to elude causes the offender to strike or collide with another vehicle or pedestrian.
b. The flight or attempt to elude causes physical injury to any other person.
c. The flight or attempt to elude results in the offender crossing the lines of this state into a neighboring state.
(3) A violation of subsection (a) or (b) is a Class B felony if either of the following occur:
a. The flight or attempt to elude causes serious physical injury or death to any other person.
b. During the flight or attempt to elude the person exceeds 20 miles per hour over the legal maximum speed limit.
(d) Upon conviction of subsection (a) or (b), the court shall order the suspension of the driver license of the defendant for a period of not less than six months nor more than two years.
(e) It is not a violation of this section for an individual to continue traveling at or below the speed limit, with or without the vehicle’s flashers turned on, with the intent of stopping the vehicle at the nearest safe place.
(Act 2009-616, p. 1779, §3; Act 2023-489, §1.)
It is an affirmative defense to prosecution under this article that the arrest was unlawful or that the person operating the motor vehicle was aware of the signal from the law enforcement officer to bring the vehicle to a stop and the person stopped his or her vehicle within a reasonable time and at a reasonable location based on the facts and circumstances of the stop.
(Act 2009-616, p. 1779, §4.)
A person charged under this article may not be charged with the crime of resisting arrest under Section 13A-10-41, based on the same facts on which a charge under this article is based.
(Act 2009-616, p. 1779, §5.)
(a) The definitions contained in Section 13A-10-1 are applicable in this article unless the context otherwise requires.
(b) The following definitions also apply to this article:
(1) BENEFIT. Any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.
(2) PECUNIARY BENEFIT. Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated with social occasions afforded public servants and party officers shall not be deemed a pecuniary benefit within the meaning of this article.
(3) PUBLIC SERVANT. As used in this article, such term includes persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7), or have been elected, appointed or designated to become a public servant although not yet occupying that position.
(4) PARTY OFFICER. A person who holds any position or office in a political party, whether by election, appointment or otherwise.
(Acts 1977, No. 607, p. 812, §4701.)
(a) A person commits the crime of bribery if:
(1) He offers, confers or agrees to confer any thing of value upon a public servant with the intent that the public servant’s vote, opinion, judgment, exercise of discretion or other action in his official capacity will thereby be corruptly influenced; or
(2) While a public servant, he solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be corruptly influenced.
(b) It is not a defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction or for any other reason.
(c) Bribery is a Class C felony.
(Acts 1977, No. 607, p. 812, §4705; Acts 1978, No. 770, p. 1110.)
(a) A public servant commits the crime of failing to disclose a conflict of interest if he exercises any substantial discretionary function in connection with a government contract, purchase, payment or other pecuniary transaction without advance public disclosure of a known potential conflicting interest in the transaction.
(b) A “potential conflicting interest” exists, but is not limited to, when the public servant is a director, president, general manager or similar executive officer, or owns directly or indirectly a substantial portion of any nongovernmental entity participating in the transaction.
(c) Public disclosure includes public announcement or notification to a superior officer or the Attorney General.
(d) Failing to disclose a conflict of interest is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4720.)
(a) A person is guilty of trading in public office if:
(1) He offers, confers or agrees to confer any pecuniary benefit upon a public servant or party officer upon an agreement or understanding that he himself will or may be appointed to a public office or public employment or designated or nominated as a candidate for public office; or
(2) While a public servant or party officer, he solicits, accepts or agrees to accept any pecuniary benefit from another upon an agreement or understanding that that person will or may be appointed to a public office or public employment or designated or nominated as a candidate for public office.
(b) This section does not apply to contributions to political campaign funds or other political contributions.
(c) Trading in public office is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4725.)
(a) The definitions contained in Sections 13A-10-1, 13A-10-30 and 13A-10-60 are applicable in this article unless the context otherwise requires.
(b) “Harm” means loss, disadvantage or injury to the person affected or to any other person in whose welfare he is interested.
(Acts 1977, No. 607, p. 812, §4801.)
(a) A public servant commits the crime of misuse of confidential information if in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:
(1) Acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action;
(2) Speculates or wagers on the basis of such information or action; or
(3) Aids another to do any of the foregoing.
(b) Misuse of confidential information is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4810.)
(a)(1) A person commits the crime of misrepresenting the police jurisdiction of a municipality if he or she knowingly misrepresents, by use of a sign, marker, or other marking, the police jurisdiction of a municipality.
(2) A public official shall be guilty of a violation of this section if he or she instructs another person to misrepresent the police jurisdiction of a municipality with knowledge of the true boundary of the municipality.
(b) Misrepresenting the police jurisdiction of a municipality is a Class A misdemeanor.
(Act 2022-439, §1.)
(a) The definitions in Sections 13A-10-1 and 13A-10-60 are applicable in this article unless the context otherwise requires.
(b) The following definitions are also applicable in this article:
(1) SWEARS FALSELY and FALSE SWEARING. The making of a false statement under oath required or authorized by law, or the swearing or affirming the truth of such statement previously made, which the declarant does not believe to be true. A false swearing in a subscribed written instrument shall not be deemed complete until the instrument is delivered by its subscriber, or by someone acting in his behalf, to another person with intent that it be uttered or published as true.
(2) MATERIAL. A statement is “material,” regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law.
(3) OATH. Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this article, written statements shall be treated as if made under oath if:
a. The statement was made on or pursuant to form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
b. The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto.
(4) REQUIRED OR AUTHORIZED BY LAW. An oath is “required or authorized by law” when the use of the oath is provided for by statute or municipal ordinance.
(5) OFFICIAL PROCEEDING. Any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath.
(6) JURAT. A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof.
(Acts 1977, No. 607, p. 812, §4901.)
(a) A person commits the crime of perjury in the first degree when in any official proceeding he swears falsely and his false statement is material to the proceeding in which it is made.
(b) Perjury in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4905.)
(a) A person commits the crime of perjury in the second degree if he or she does either of the following:
(1) Swears with intent to mislead a public servant in the performance of the public servant’s duty and his or her false statement is material to the action, proceeding, or matter involved.
(2) Knowingly presents a false document purporting to be a lease agreement, deed, or other instrument conveying or providing a right to or in real property to another person with the intent to civilly detain or to remain upon the real property.
(b) Perjury in the second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4906; Act 2024-237, §2.)
(a) A person commits the crime of perjury in the third degree when he swears falsely.
(b) Perjury in the third degree is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §4907.)
(a) Where a person has made statements under oath which are inconsistent to the degree that one of them is necessarily false, each having been made within the jurisdiction of this state and within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant to have been true when made. In such case, it shall not be necessary for the prosecution to prove which statement was false, but only that one or the other was false and not believed by the defendant to be true.
(b) The highest degree of perjury of which the defendant may be convicted shall be determined by hypothetically assuming each statement to be false and perjurious. If perjury of the same degree would be established by the making of each statement, the accused may be convicted of that degree at most. If perjury of different degrees would be established by the making of the two statements, the accused may be convicted of the lesser degree at most.
(Acts 1977, No. 607, p. 812, §4910.)
In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to Section 13A-10-104, the falsity of a statement may not be established by the uncorroborated testimony of a single witness.
(Acts 1977, No. 607, p. 812, §4915.)
No prosecution shall be brought under this article if the substance of the defendant’s false statement was a denial of his guilt in a previous criminal proceeding.
(Acts 1977, No. 607, p. 812, §4920.)
No person shall be convicted of perjury if he retracted his false statement in the course of the same proceeding in which it was made before it became manifest that the falsification was or would be exposed. Statements made in separate hearings at separate stages of the same trial or administrative proceeding shall be deemed to have been made in the course of the same proceeding. The burden of injecting the issue of retraction is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, §4925.)
It is no defense to prosecution for perjury:
(1) That the oath was administered in an irregular manner.
(2) That there was some irregularity in the appointment or qualification of the person who administered the oath, if the taking of the oath was required or authorized by law.
(3) That the document was not sworn to if the document contains a recital that it was made under oath, the declarant was aware of the recital when he signed the document and the document contains the signed jurat of a public servant authorized to administer oaths.
(4) That the defendant mistakenly believed the false statement to be immaterial.
(5) That the statement was inadmissible under the law of evidence.
(Acts 1977, No. 607, p. 812, §4930.)
(a) A person commits the crime of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of his duty, he makes or submits any written statement, which he does not believe to be true, in an application for pecuniary or other benefit, or a record or report required by law to be submitted to any governmental agency.
(b) The provisions of Sections 13A-10-104 and 13A-10-107 shall be applicable to all prosecutions under this section.
(c) Unsworn falsification to authorities is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §4935.)
(a) The definitions in Sections 13A-10-1, 13A-10-60 and 13A-10-100 are applicable in this article unless the context otherwise requires.
(b) The following definitions are also applicable in this article:
(1) JUROR. Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term juror also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror.
(2) TESTIMONY. Such term includes oral or written statements, documents or any other material that may be offered as evidence in an official proceeding.
(Acts 1977, No. 607, p. 812, §5001.)
(a) A person commits the crime of bribing a witness if he offers, confers or agrees to confer any thing of value upon a witness or a person he believes will be called as a witness in any official proceeding with intent to:
(1) Corruptly influence the testimony of that person;
(2) Induce that person to avoid legal process summoning him to testify; or
(3) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(b) This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid a witness.
(c) Bribing a witness is a Class C felony.
(Acts 1977, No. 607, p. 812, §5005; Acts 1979, No. 79-471, p. 862, §1.)
(a) A witness or a person believing he will be called as a witness in any official proceeding commits the crime of bribe receiving by a witness if he solicits, accepts or agrees to accept any thing of value upon an agreement or understanding that:
(1) His testimony will thereby be corruptly influenced;
(2) He will attempt to avoid legal process summoning him to testify; or
(3) He will attempt to absent himself from an official proceeding to which he has been legally summoned.
(b) This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid to a witness.
(c) Bribe receiving by a witness is a Class C felony.
(Acts 1977, No. 607, p. 812, §5010; Acts 1979, No. 79-741, p. 862, §1.)
(a) A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to:
(1) Corruptly influence the testimony of that person;
(2) Induce that person to avoid legal process summoning him to testify; or
(3) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(b) “Threat,” as used in this section, means any threat proscribed by Section 13A-6-25 on criminal coercion.
(c) Intimidating a witness is a Class C felony.
(Acts 1977, No. 607, p. 812, §5015.)
(a) A person commits the crime of tampering with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to:
(1) Testify falsely or unlawfully withhold testimony; or
(2) Absent himself from any official proceeding to which he has been legally summoned.
(b) Tampering with a witness is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5020.)
(a) A person commits the crime of bribing a juror if he offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror’s vote, opinion, decision or other action as a juror will thereby be corruptly influenced.
(b) Bribing a juror is a Class C felony.
(Acts 1977, No. 607, p. 812, §5025.)
(a) A person commits the crime of bribe receiving by a juror if he solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, decision or other action as a juror will thereby be corruptly influenced.
(b) Bribe receiving by a juror is a Class C felony.
(Acts 1977, No. 607, p. 812, §5030.)
(a) A person commits the crime of intimidating a juror if he attempts, by the use of a threat, to influence a juror’s vote, opinion, decision or other action as a juror.
(b) “Threat,” as used in this section, means any threat proscribed by Section 13A-6-25 on criminal coercion.
(c) Intimidating a juror is a Class C felony.
(Acts 1977, No. 607, p. 812, §5035.)
(a) A person commits the crime of jury tampering if, with intent to influence a juror’s vote, opinion, decision or other action in the case, he attempts directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of the case.
(b) Jury tampering is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5040.)
(a) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he:
(1) Destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use, verity or availability in the pending or prospective official proceeding; or
(2) Knowingly makes, presents or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding.
(b) “Physical evidence,” as used in this section, includes any article, object, document, record or other thing of physical substance.
(c) Tampering with physical evidence is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §5045.)
(a) A person commits the crime of interfering with judicial proceedings if:
(1) He engages in disorderly, contemptuous or insolent behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due its authority;
(2) He intentionally creates a breach of the peace or disturbance under circumstances directly tending to interrupt a court’s proceedings;
(3) As an attorney, clerk or other officer of the court, he knowingly fails to perform or violates a duty of his office, or knowingly disobeys a lawful directive or order of a court;
(4) Knowing that he is not authorized to practice law, he represents himself to be an attorney and acts as such in a court proceeding; or
(5) He records or attempts to record the deliberation of a jury.
(b) Interfering with judicial proceedings is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5050.)
(a) A person commits the crime of simulating legal process if he knowingly delivers or causes to be delivered to another person any demand, request or claim for the payment of money or the delivery or transfer of property that in form and substance simulates any legal process issued by any court of this state.
(b) Simulating legal process is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5055.)
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) LAW ENFORCEMENT OFFICER. The same as defined in Section 13A-10-1.
(2) LAWFULLY ISSUED. Adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency, or a political subdivision of a state.
(3) SHAM LEGAL PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to be any one of the following:
a. A summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this state, a peace officer, or a legislative, executive, or administrative agency established by state law.
b. An assertion of jurisdiction or authority over or determination or adjudication of the legal or equitable status, rights, duties, powers, or privileges of a person or property.
c. A requirement or authorization for the search, seizure, indictment, arrest, trial, or sentencing of a person or property.
(4) STATE OR LOCAL OFFICIAL OR EMPLOYEE. An appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, or other unit of government in this state.
(b) It shall be unlawful for a person to impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process by acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity by either of the following:
(1) Subjecting another person to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights.
(2) Denying or impeding another person in the exercise or enjoyment of any right, privilege, power, or immunity.
(c) A person violating subsection (b) is guilty of a Class B misdemeanor.
(d) It shall be unlawful for a person falsely to assert authority of state law in connection with a sham legal process. A person violating this subsection is guilty of a Class A misdemeanor.
(e) It shall be unlawful for a person to knowingly act, without authority under state law, as any judge, magistrate, hearing officer, juror, a clerk of court, a commissioned notary public, or any other official authorized to determine a controversy or adjudicate the rights or interests of others, or to sign a document as if authorized by state law. A person violating this subsection is guilty of a Class A misdemeanor.
(f) It shall be unlawful for a person to falsely assert authority of law in an attempt to intimidate or hinder a state or local official or employee or a law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of a sham legal process. A person violating this subsection is guilty of a Class C felony.
(Act 2012-382, p. 1009, §1.)
This article shall be known and may be cited as “The Anti-Terrorism Act of 2002.”
(Act 2002-431, p. 1126, §1.)
The following terms shall have the following meanings:
(1) ACT OF TERRORISM. An act or acts constituting a specified offense as defined in subdivision (4) for which a person may be convicted in the criminal courts of this state, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all of the essential elements of a specified offense, that is intended to do the following:
a. Intimidate or coerce a civilian population.
b. Influence the policy of a unit of government by intimidation or coercion.
c. Affect the conduct of a unit of government by murder, assassination, or kidnapping.
(2) MATERIAL SUPPORT OR RESOURCES. Currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
(3) RENDERS CRIMINAL ASSISTANCE. Shall have the same meaning as in Section 13A-10-42.
(4) SPECIFIED OFFENSE. A Class A felony, manslaughter, kidnapping in the second degree, assault in the first or second degree, stalking, intimidating a witness, criminal tampering, endangering the food supply, endangering the water supply or any attempt or conspiracy to commit any of these offenses.
(Act 2002-431, p. 1126, §2; Act 2006-508, p. 1151, §3.)
(a) A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping, he or she commits a specified offense.
(b)(1) When a person is convicted pursuant to this section, and the specified offense is a Class B or Class C felony, the crime of terrorism shall be deemed to be one class higher than the specified offense the defendant committed, or one class higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit the specified offense, whichever is applicable.
(2) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this article, and the specified offense is a Class A felony other than murder, the sentence upon conviction of the offense shall be life imprisonment without parole.
(3) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this article, and the specified offense is murder, the sentence upon conviction of the offense shall be death pursuant to Section 13A-5-39.
(c) An indictment for the crime of terrorism shall charge the defendant with a specified offense and shall state that the defendant acted with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping.
(Act 2002-431, p. 1126, § 3.)
(a)(1) A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out, or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism, he or she raises, solicits, collects, or provides material support or resources.
(2) Soliciting or providing support for an act of terrorism in the second degree is a Class C felony.
(b)(1) A person commits soliciting or providing support for an act of terrorism in the first degree when he or she commits the crime of soliciting or providing support for an act of terrorism in the second degree and the total value of material support or resources exceeds one thousand dollars ($1,000).
(2) Soliciting or providing support for an act of terrorism in the first degree is a Class B felony.
(Act 2002-431, p. 1126, § 4.)
(a)(1) A person is guilty of hindering prosecution of terrorism in the second degree when he or she renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that the person engaged in conduct constituting an act of terrorism.
(2) Hindering prosecution of terrorism in the second degree is a Class B felony.
(b)(1) A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than one of the participants, knowing or believing that the person engaged in conduct constituting an act of terrorism.
(2) Hindering prosecution of terrorism in the first degree is a Class A felony.
(Act 2002-431, p. 1126, §5.)
(a) For purposes of this section, the following words shall have the following meanings:
(1) CONTAGIOUS OR INFECTIOUS DISEASE. A specific highly communicable disease caused by one or more biological agents and that is generally found in livestock, including poultry, designated for human consumption.
(2) PROCESSED FOOD. Any food other than a raw agricultural commodity, including any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration, or milling.
(3) RAW AGRICULTURAL COMMODITY. Any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.
(b) The offense of endangering the food supply is committed if a person knowingly does any of the following:
(1) Brings into this state any domestic animal that is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease.
(2) Exposes any animal in this state to any contagious or infectious disease.
(3) Delivers any poultry that is infected with any contagious or infectious disease to any poultry producer pursuant to a production contract.
(4) Except as otherwise permitted by Alabama law, brings or releases into this state any insect pest or exposes any plant to an insect pest.
(5) Exposes any raw agricultural commodity, animal feed, or processed food to any contaminant or contagious or infectious disease.
(c) The offense of endangering the food supply does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.
(d) Endangering the food supply is a Class B felony.
(Act 2006-508, p. 1151, §1.)
(a) The offense of endangering the water supply is committed if a person knowingly contaminates a public or private water well or water reservoir or any water supply of a public utility or tampers with the production of bottled or packaged water at a retail or wholesale mercantile establishment.
(b) Endangering the water supply does not include contamination of a public or private well or water reservoir or any water supply of a public utility that may occur in any of the following circumstances:
(1) Inadvertently as part of the operation of a public utility or electrical generating station.
(2) Due to releases, discharges, or emissions that are authorized by state or federal law or that are permitted or licensed by any state or federal agency.
(3) Due to accidental releases from an otherwise lawful activity.
(4) Due to discharges or emissions in excess of permitted or licensed levels provided that federal or state enforcement authority is available to respond.
(c) The offense of endangering the water supply is a Class B felony.
(Act 2006-508, p. 1151, §2.)
As used in this article, Section 13A-11-11, and Section 36-19-2.1, the following words shall have the following meanings:
(1) BACTERIOLOGICAL WEAPON or BIOLOGICAL WEAPON. A device which is designed in a manner to permit the intentional release onto any person, into the population or environment of microbial, or other biological agents or toxins or viral agents whatever their origin or method of production in a manner not otherwise authorized by law or any device the development, production, or stockpiling of which is prohibited pursuant to the “Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction,” 26 U.S.T. 583, TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.
(2) CONVICTION. An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. The term shall include the adjudication or plea of a juvenile to the commission of an act which if committed by an adult would constitute a crime under the laws of this state.
(3) DESTRUCTIVE DEVICE. a. An explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other device which is substantially similar to these devices.
b. Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter. The term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense.
c. A weapon of mass destruction.
d. A bacteriological weapon or biological weapon.
e. A combination of parts either designed or intended for use in converting any device into a destructive device as otherwise defined in this Act 2009-718.
f. Nothing in this section or Sections 13A-10-193.1, 13A-10-193.2, or 36-19-2.1 shall prohibit the manufacture, possession, or transfer of a destructive device legally obtained in accordance with the provisions of the National Firearms Act.
(4) DETONATOR. A device containing a detonating charge that is used to initiate detonation in an explosive, including, but not limited to, electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors.
(5) DIRECTOR. The Director of the Alabama State Law Enforcement Agency.
(6) DISTRIBUTE. The actual, constructive, or attempted transfer from one person to another.
(7) EXPLOSIVE. A chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property. The term explosive shall not include common fireworks, model rockets, and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using paper caps unless the devices are used as a component of a destructive device.
(8) EXPLOSIVE ORDNANCE DISPOSAL TECHNICIAN or EOD TECHNICIAN. a. A law enforcement officer, fire official, emergency management official, or an employee of this state or its political subdivisions or an authority of the state or a political subdivision who is currently accredited by the Federal Bureau of Investigation’s Hazardous Devices School, or members of the Alabama National Guard who are qualified and trained as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties.
b. An official or employee of the United States, including, but not limited to, a member of the Armed Forces of the United States, who is qualified as an explosive ordnance disposal technician under the appropriate laws and regulations when acting in the performance of his or her official duties.
(9) FELONY. An offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to the conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of the conduct.
(10) HOAX DEVICE or REPLICA. A device or article which has the appearance of a destructive device or bacteriological or biological weapon.
(11) INCENDIARY. A flammable or combustible liquid or compound with a flash point of 100 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances.
(12) MANUFACTURING. The process of combining two or more components necessary to produce a destructive device, over-pressure device, explosive, detonator, or poison gas, with the exception of commercially manufactured reactive targets used for recreational shooting purposes, or manufactured under provisions set forth under a permit issued by the State Fire Marshal.
(13) OVER-PRESSURE DEVICE. A frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.
(14) POISON GAS. A toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings. The term poison gas shall not include any of the following:
a. Riot control agents, smoke, and obscuration materials or medical products which are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state.
b. Tear gas devices designed to be carried on or about the person which contain not more than one-half ounce of the chemical.
c. Pesticides, as provided in subdivision (2) of Section 13A-10-209.
(15) PROPERTY. Real or personal property of any kind including money, choses in action, and other similar interests in property.
(16) PUBLIC BUILDING. A structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the state, the United States, any of the several states, or a foreign nation or any political subdivision or authority thereof; a religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association.
(17) STATE FIRE MARSHAL. The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant to Section 27-2-10.
(18) WEAPONS OF MASS DESTRUCTION. Include any of the following:
a. Any destructive device as defined in this section.
b. Any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors.
c. Any weapon involving a disease organism.
d. Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.
e. Any device, weapon, or vehicle designed to cause mass casualties.
(Act 2009-718, p. 2115, §1; Act 2016-414, §1; Act 2017-442, §2(b)(1);)
The following materials are explosives within the meaning of Act 2009-718:
(1) Acetylides of heavy metals.
(2) Aluminum containing polymeric propellant.
(3) Aluminum ophorite explosive.
(4) Amatex.
(5) Amatol.
(6) Ammonal.
(7) Ammonium nitrate explosive mixtures, cap sensitive.
(8) Ammonium nitrate explosive mixtures, noncap sensitive.
(9) Ammonium perchlorate composite propellant.
(10) Ammonium perchlorate explosive mixtures.
(11) Ammonium picrate (picrate of ammonia, Explosive D).
(12) Ammonium salt lattice with isomorphously substituted inorganic salts.
(13) Ammonium tri-iodide.
(14) ANFO (ammonium nitrate-fuel oil).
(15) Aromatic nitro-compound explosives mixtures.
(16) Baratol.
(17) Baronol.
(18) BEAF [1,2-bis (2,2-difluoro-2-nitroacetoxyethane)].
(19) Black powder.
(20) Black powder based explosive mixtures.
(21) Blasting agents, nitro-carbo-nitrates, including noncap sensitive slurry and water-gel explosives.
(22) Blasting caps.
(23) Blasting gelatin.
(24) Blasting powder.
(25) BTNEC [bis (trinitroethyl) carbonate].
(26) BTNEN [bis (trinitroethyl) nitramine].
(27) BTTN (1,2,4 butanetriol trinitrate).
(28) Bulk salutes.
(29) Butyl tetryl.
(30) Calcium nitrate explosive mixture.
(31) Cellulose hexanitrate explosive mixture.
(32) Chlorate explosive mixtures.
(33) Composition A and variations.
(34) Composition B and variations.
(35) Composition C and variations.
(36) Copper acetylide.
(37) Cyanuric triazide.
(38) Cyclonite (RDX).
(39) Cyclotetramethylenetetranitramine (HMX).
(40) Cyclotrimethylenetrinitramine (RDX).
(41) Cyclotol.
(42) DATB (diaminotrinitrobenzene).
(43) DDNP (diazodinitrophenol).
(44) DEGDN (diethyleneglycol dinitrate).
(45) Detonating cord.
(46) Detonators.
(47) Dimethylol dimethyl methane dinitrate composition.
(48) Dinitroethyleneurea.
(49) Dinitroglycerine (glycerol dinitrate).
(50) Dinitrophenol.
(51) Dinitrophenolates.
(52) Dinitrophenyl hydrazine.
(53) Dinitroresorcinol.
(54) Dinitrotoluene-sodium nitrate explosive mixtures.
(55) DIPAM.
(56) Dipicrylamine.
(57) Dipicryl sulfone.
(58) Display fireworks.
(59) DNDP (dinitropentano nitrile).
(60) DNPA (2,2-dinitropropyl acrylate).
(61) Dynamite.
(62) EDDN (ethylene diamine dinitrate).
(63) EDNA.
(64) Ednatol.
(65) EDNP (ethyl 4,4-dinitropentanoate).
(66) EGDN (ethylene glycol dinitrate).
(67) Erythritol tetranitrate explosives.
(68) Esters of nitro-substituted alcohols.
(69) Ethyl-tetryl.
(70) Explosive conitrates.
(71) Explosive gelatins.
(72) Explosive liquids.
(73) Explosive mixtures containing oxygen-releasing inorganic salts and hydrocarbons.
(74) Explosive mixtures containing oxygen-releasing inorganic salts and nitro bodies.
(75) Explosive mixtures containing oxygen-releasing inorganic salts and water insoluble fuels.
(76) Explosive mixtures containing oxygen-releasing inorganic salts and water soluble fuels.
(77) Explosive mixtures containing sensitized nitromethane.
(78) Explosive mixtures containing tetranitromethane (nitroform).
(79) Explosive nitro compounds of aromatic hydrocarbons.
(80) Explosive organic nitrate mixtures.
(81) Explosive powders.
(82) Flash powder.
(83) Fulminate of mercury.
(84) Fulminate of silver.
(85) Fulminating gold.
(86) Fulminating mercury.
(87) Fulminating platinum.
(88) Fulminating silver.
(89) Gelatinized nitrocellulose.
(90) Gem-dinitro aliphatic explosive mixtures.
(91) Guanyl nitrosamino guanylidene hydrazine.
(92) Guanyl nitrosamino guanyl tetrazene.
(93) Hexogene or octogene and a nitrated N-methylaniline.
(94) Hexolites.
(95) HMX (cyclo-l,3,5,7-tetramethylene-2,4,6,8-tetranitramine; Octogen).
(96) Hydrazinium nitrate/hydrazine/aluminum explosive system.
(97) Hydrazoic acid.
(98) Igniter cord.
(99) Igniters.
(100) Initiating tube systems.
(101) KDNBF (potassium dinitrobenzo-furoxane).
(102) Lead azide.
(103) Lead mannite.
(104) Lead mononitroresorcinate.
(105) Lead picrate.
(106) Lead salts, explosive.
(107) Lead styphnate (styphnate of lead, lead trinitroresorcinate).
(108) Liquid nitrated polyol and trimethylolethane.
(109) Liquid oxygen explosives.
(110) Magnesium ophorite explosives.
(111) Mannitol hexanitrate.
(112) MDNP (methyl 4,4-dinitropentanoate).
(113) MEAN (monoethanolamine nitrate).
(114) Mercuric fulminate.
(115) Mercury oxalate.
(116) Mercury tartrate.
(117) Metriol trinitrate.
(118) Minol-2 (40% TNT, ammonium nitrate, 20% aluminum).
(119) MMAN (monomethylamine nitrate); methylamine nitrate.
(120) Mononitrotoluene-nitroglycerin mixture.
(121) Monopropellants.
(122) NIBTN (nitroisobutametriol trinitrate).
(123) Nitrated carbohydrate explosive.
(124) Nitrated glucoside explosive.
(125) Nitrated polyhydric alcohol explosives.
(126) Nitrate sensitized with gelled nitroparaffin.
(127) Nitrates of soda explosive mixtures.
(128) Nitric acid and a nitro aromatic compound explosive.
(129) Nitric acid and carboxylic fuel explosive.
(130) Nitric acid explosive mixtures.
(131) Nitro aromatic explosive mixtures.
(132) Nitrocellulose explosive.
(133) Nitro compounds of furane explosive mixtures.
(134) Nitroderivative of a urea explosive mixture.
(135) Nitrogelatin explosive.
(136) Nitrogen trichloride.
(137) Nitrogen tri-iodide.
(138) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate, trinitroglycerine).
(139) Nitroglycide.
(140) Nitroglycol (ethylene glycol dinitrate, EGDN).
(141) Nitroguanidine explosives.
(142) Nitronium perchlorate propellant mixtures.
(143) Nitroparaffins Explosive Grade and ammonium nitrate mixtures.
(144) Nitrostarch.
(145) Nitro-substituted carboxylic acids.
(146) Nitrourea.
(147) Octogen (HMX).
(148) Octol (75% HMX, 25% TNT).
(149) Organic amine nitrates.
(150) Organic nitramines.
(151) PBX (RDX and plasticizer).
(152) Pellet powder.
(153) Penthrinite composition.
(154) Pentolite.
(155) Perchlorate explosive mixtures.
(156) Peroxide based explosive mixtures.
(157) PETN (nitropentaerythrite, pentaerythrite, tetranitrate, pentaerythritol tetranitrate).
(158) Picramic acid and its salts.
(159) Picramide.
(160) Picrate of potassium explosive mixtures.
(161) Picratol.
(162) Picric acid (manufactured as an explosive).
(163) Picryl chloride.
(164) Picryl fluoride.
(165) PLX (95% nitromethane, 5% ethylenediamine).
(166) Polynitro aliphatic compounds.
(167) Polyolpolynitrate-nitrocellulose explosive gels.
(168) Potassium chlorate and lead sulfocyanate explosive.
(169) Potassium nitrate explosive mixtures.
(170) Potassium nitroaminotetrazole.
(171) Pyrotechnic compositions.
(172) PYX [2,6-bis(picrylamino)-3,5-dinitropyridine].
(173) RDX (cyclonite, hexogen, T4,cyclo-l,3,5,-trimethylene-2,4,6,-rinitramine; hexahydro-l,3,5-trinitro-S-triazine).
(174) Safety fuse.
(175) Salts of organic amino sulfonic acid explosive mixture.
(176) Salutes, (bulk).
(177) Silver acetylide.
(178) Silver azide.
(179) Silver fulminate.
(180) Silver oxalate explosive mixtures.
(181) Silver styphnate.
(182) Silver tartrate explosive mixtures.
(183) Silver tetrazene.
(184) Slurried explosive mixtures of water, inorganic oxidizing salt, gelling agent, fuel and sensitizer, cap sensitive.
(185) Smokeless powder.
(186) Sodatol.
(187) Sodium amatol.
(188) Sodium azide explosive mixture.
(189) Sodium dinitro-ortho-cresolate.
(190) Sodium nitrate-potassium nitrate explosive mixture.
(191) Sodium picramate.
(192) Special fireworks.
(193) Squibs.
(194) Styphnic acid explosives.
(195) Tacot (tetranitro-2,3,5,6-dibenzo-l,3a,4,6a tetrazapentalene).
(196) TATB (triaminotrinitrobenzene).
(197) TATP (triacetone triperoxide).
(198) TEGDN (triethylene glycol dinitrate).
(199) Tetranitrocarbazole.
(200) Tetrazene (tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene hydrate).
(201) Tetryl (2,4,6 tetranitro-N-methylaniline).
(202) Tetrytol.
(203) Thickened inorganic oxidizer salt slurried explosive mixture.
(204) TMETN (trimethylolethane trinitrate).
(205) TNEF (trinitroethyl formal).
(206) TNEOC (trinitroethylorthocarbonate).
(207) TNEOF (trinitroethylorthoformate).
(208) TNT (trinitrotoluene, trotyl, trilite, triton).
(209) Torpex.
(210) Tridite.
(211) Trimethylol ethyl methane trinitrate composition.
(212) Trimethylolthane trinitrate-nitrocellulose.
(213) Trimonite.
(214) Trinitroanisole.
(215) Trinitrobenzene.
(216) Trinitrobenzoic acid.
(217) Trinitrocresol.
(218) Trinitro-meta-cresol.
(219) Trinitronaphthalene.
(220) Trinitrophenetol.
(221) Trinitrophloroglucinol.
(222) Trinitroresorcinol.
(223) Tritonal.
(224) Urea nitrate.
(225) Water bearing explosives having salts of oxidizing acids and nitrogen bases, sulfates, or sulfamates, cap sensitive.
(226) Water-in-oil emulsion explosive compositions.
(227) Xanthamonas hydrophilic colloid explosive mixture.
(228) Other substances as listed hereafter pursuant to Section 13A-10-192.
(Act 2009-718, p. 2115, §2.)
If any substance is hereafter designated as an explosive substance or compound under applicable federal law and notice thereof is given to the State Fire Marshal, the State Fire Marshal shall similarly designate the explosive substance or compound as an explosive under Section 13A-10-191. The State Fire Marshal shall revise and republish the listing of explosives set forth in Section 13A-10-191 on an annual basis, by publication in a newspaper or newspapers of general circulation in the state, or as otherwise provided by law.
(Act 2009-718, p. 2115, §3.)
(a) It shall be unlawful for any person to possess, manufacture, transport, or distribute a destructive device or bacteriological or biological weapon, except as provided in this article.
(b) A person convicted of a violation of subsection (a) shall be guilty of a Class B felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than twenty-five thousand dollars ($25,000) nor more than one hundred thousand dollars ($100,000). A corporation or other entity may also be sentenced to perform not less than 5,000 nor more than 10,000 hours of community service.
(Act 2009-718, p. 2115, §4.)
(a) A person, who is not otherwise authorized by state or federal law or a permit issued to him or her by the State Fire Marshal, commits the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree if he or she does any of the following:
(1) Manufactures a destructive device or bacteriological or biological weapon.
(2) Possesses precursor substances as determined in Section 13A-10-191, in any amount with the intent to unlawfully manufacture a destructive device or bacteriological or biological weapon.
(3) Combines two or more components with the intent to assemble, construct, or otherwise cause to be formed, a destructive device, incendiary device, over-pressure device, detonator, poison gas, or bacteriological or biological weapon as described in Section 13A-10-190.
(4) Manufactures an explosive with intent to produce a destructive device, incendiary device, over-pressure device, detonator, poison gas, or bacteriological or biological weapon as described in 13A-10-190.
(b) The fact that a destructive device, over-pressure device, explosive, detonator, poison gas, or bacteriological or biological weapon does not function as designed or intended, is not a defense to the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree.
(c) Unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree is a Class B felony.
(Act 2016-414, §2.)
(a) A person commits the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree if he or she violates Section 13A-10-193.1 and two or more of the following conditions occur in conjunction with that violation:
(1) Use of a booby trap or manufacture of a booby trap.
(2) Illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment.
(3) A clandestine laboratory operation was to take place, or did take place, within 500 feet of a residence, place of business, church, or school.
(4) A clandestine laboratory operation actually produced any amount of a specified destructive device or bacteriological or biological weapon.
(5) A person under the age of 17 was present during the manufacturing process.
(b) Unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree is a Class A felony.
(Act 2016-414, §2.)
(a) It shall be unlawful for a person to sell, furnish, give away, deliver, or distribute a destructive device, or a bacteriological or biological weapon to a person who is less than 21 years of age.
(b) A person convicted of a violation of subsection (a) shall be guilty of a Class A felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than one hundred thousand dollars ($100,000) nor more than two hundred fifty thousand dollars ($250,000). A corporation or other entity may also be sentenced to perform not less than 10,000 nor more than 25,000 hours of community service.
(Act 2009-718, p. 2115, §5.)
(a) It shall be unlawful for a person who is under indictment or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, or distribute a detonator, explosive, poison gas, or hoax device.
(b) It shall be unlawful for a person to knowingly distribute a detonator, explosive, poison gas, or hoax device to any of the following:
(1) A person who he or she knows or should know has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation.
(2) A person who he or she knows or should know has been adjudicated to be mentally incompetent by a court of this state, any other state, or the United States including its territories, possessions, and dominions.
(3) A person who is less than 21 years of age.
(c) A person convicted of a violation of subsection (a) or subsection (b) shall be guilty of a Class C felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than twenty thousand dollars ($20,000) nor more than fifty thousand dollars ($50,000). The corporation or other entity may also be sentenced to perform not less than 2,500 nor more than 7,500 hours of community service.
(d) Notwithstanding any other provision of law to the contrary, adjudicating courts of competent jurisdiction shall make available to any law enforcement agency or prosecuting attorney of this state the information necessary to establish that a person has been adjudicated by a court to be mentally incompetent.
(e) This section shall not apply to any of the following:
(1) A person who has been pardoned of a felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of any other state or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, distribute, or transport a destructive device, explosive, poison gas, or detonator.
(2) A person who has been convicted of a felony, but has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of explosives by the Secretary of the United States Department of the Treasury pursuant to 18 U.S.C. §845, may apply to the Alabama State Law Enforcement Agency for relief from the disabilities imposed by this section.
(Act 2009-718, p. 2115, §6.)
(a) It shall be unlawful for a person to manufacture, possess, transport, or distribute a hoax device or replica of a destructive device, detonator, or bacteriological or biological weapon with the intent to cause another to reasonably believe that the hoax device or replica of a destructive device or bacteriological or biological weapon is a destructive device, detonator, or bacteriological or biological weapon.
(b) A person convicted of a violation of subsection (a) shall be guilty of a Class A misdemeanor. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The corporation or other entity may also be sentenced to perform not less than 1,000 hours of community service nor more than 5,000 hours of community service.
(c) It shall be unlawful for a person listed in subsection (a) to communicate or transmit to another that the hoax device or replica of a destructive device or detonator is a destructive device, detonator, or bacteriological or biological weapon with the intent to obtain the property of another person or to interfere with the ability of another person to carry on the ordinary course of business, trade, education, or government.
(d) A person convicted of a violation of subsection (c) shall be guilty of a Class C felony. If the defendant is a corporation or other entity, the corporation or other entity shall be fined not less than twenty thousand dollars ($20,000) nor more than fifty thousand dollars ($50,000). The corporation or other entity may also be sentenced to perform not less than 2,500 nor more than 7,500 hours of community service for each hoax device or replica of a destructive device, detonator, or bacteriological or biological weapon.
(Act 2009-718, p. 2115, §7.)
(a) It shall be unlawful for a person to attempt to commit an explosives or destructive device or bacteriological or biological weapons crime as contained in Act 2009-718. A person is guilty of an attempt to commit an explosives or destructive device or bacteriological or biological weapons crime if he or she engages in the conduct specified in Section 13A-4-2, and the crime attempted is an explosives or destructive device crime as contained in Act 2009-718.
(b) The principles of liability and defenses for an attempt to commit an explosives or destructive device or bacteriological or biological weapons crime are the same as those specified in subsections (b) and (c) of Sections 13A-4-2 and 13A-4-5.
(c) An attempt to commit an explosives or destructive device or bacteriological or biological weapons crime shall be punished the same as the explosives or destructive device crime attempted.
(Act 2009-718, p. 2115, §8.)
(a) It shall be unlawful for a person to conspire to commit an explosives or destructive device or bacteriological or biological weapons crime as contained in Act 2009-718. A person is guilty of criminal conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime if he or she intentionally engages in the conduct defined in subsection (a) of Section 13A-4-3, and the object of the conspiracy is an explosives or destructive device or bacteriological or biological weapons crime as contained in Act 2009-718.
(b) The principles of liability and defenses for criminal conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime shall be the same as those specified in subsections (b) to (f), inclusive, of Section 13A-4-3 and Sections 13A-4-4 and 13A-4-5.
(c) A conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime shall be punished the same as the explosives or destructive device or bacteriological or biological weapons crime that is the object of the conspiracy.
(Act 2009-718, p. 2115, §9.)
(a) It shall be unlawful for a person to knowingly hinder or obstruct an explosive ordnance disposal or technician or bomb technician, law enforcement officer, fire official, emergency management official, animal trained to detect destructive devices or bacteriological or biological weapons, or a robot or mechanical device designed or utilized by a law enforcement officer, fire official, or emergency management official of this state or of the United States in the detection, disarming, or destruction of a destructive device or bacteriological or biological weapon.
(b) A person convicted of a violation of this section shall be guilty of a Class C felony.
(Act 2009-718, p. 2115, §10.)
(a) It shall be unlawful for any person to possess, transport, or receive or attempt to possess, transport, or receive a destructive device, explosive, or bacteriological or biological weapon with the knowledge or intent that it shall be used to kill or injure an individual or to destroy a public building. A person convicted of a violation of this subsection shall be guilty of a Class A felony.
(b) Notwithstanding any other provision of law to the contrary, and in addition to any other penalty imposed under the laws of this state or of the United States, any person who shall knowingly use or knowingly attempt to use a destructive device, explosive, or bacteriological or biological weapon to kill or injure any individual, including a public safety officer performing his or her duties as a direct or proximate result of a violation of Act 2009-718, or to knowingly destroy a public building, shall be guilty of a Class A felony and shall be imprisoned for not less than 20 years. In addition, a person convicted under subsection (a) or this subsection may also be fined the greater of the cost of replacing any property that is destroyed or two hundred fifty thousand dollars ($250,000). If the defendant is a corporation or other entity, the corporation or other entity shall be fined the greater of the cost of replacing any property which is destroyed or one million dollars ($1,000,000). The corporation or other entity may also be sentenced to perform not fewer than 20,000 nor more than 40,000 hours of community service.
(c) Notwithstanding any other provision of law to the contrary, and in addition to any other penalty imposed under the laws of this state or of the United States, no part of any sentence imposed pursuant to subsection (a) or subsection (b) shall be probated, deferred, suspended, or withheld and no person sentenced pursuant to subsection (a) or subsection (b) shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by an agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating the sentence until the defendant has completed the minimum sentence as provided by subsection (a) or subsection (b).
(Act 2009-718, p. 2115, §11.)
Each violation of the provisions of Act 2009-718 shall be considered a separate offense.
(Act 2009-718, p. 2115, §12.)
The director, the State Fire Marshal, or the designee of the director or the State Fire Marshal, or any law enforcement officer or fire official may conduct a search or inspection of all of the following:
(1) A person licensed to manufacture, possess, transport, sell, distribute, or use a destructive device or detonator within the state.
(2) A person licensed to manufacture, possess, transport, sell, distribute, or use pesticides.
(3) Any property where a pesticide, destructive device, or detonator is manufactured, possessed, transported, distributed, or used.
(Act 2009-718, p. 2115, §13.)
(a) It shall be the duty of any person authorized by subdivision (1) of Section 13A-10-205 to manufacture, possess, transport, distribute, or use a destructive device, detonator, explosive, or hoax device within the state to maintain records on the devices and to report promptly the loss or theft of a destructive device, detonator, explosive, or hoax device to the Alabama State Law Enforcement Agency.
(b) Failure to maintain the records or to promptly report the loss shall be a Class C misdemeanor.
(Act 2009-718, p. 2115, §14.)
In any case where there is reason to believe that a destructive device, detonator, explosive, bacteriological or biological weapon, or hoax device has been manufactured, possessed, transported, distributed, or used in violation of Act 2009-718 or that there has been an attempt or a conspiracy to commit a violation, the Attorney General, any district attorney, or the persons as may be designated in writing by these officials shall have the same power to compel the attendance of witnesses and the production of evidence before the official in the same manner as the State Fire Marshal or pursuant to the Alabama Rules of Criminal Procedure and the Alabama Rules of Civil Procedure.
(Act 2009-718, p. 2115, §15.)
Sections 13A-10-193, 13A-10-195, 13A-10-196, and 13A-10-200 shall not apply to any of the following:
(1) A person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or when the person is acting in accordance with the laws and any regulations issued pursuant thereto.
(2) A person licensed as a blaster by the State Fire Marshal, when the blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any ordinances and regulations of the political subdivision or authority of the state where blasting operations are being performed.
(3) Fireworks and any person authorized by the laws of this state and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks when acting in accordance with the laws and any regulations promulgated thereunder.
(4) A law enforcement, fire service, or emergency management agency of this state, any agency or authority of a political subdivision of this state, or the United States and any employee or authorized agent thereof while in the performance of official duties and any law enforcement officer, fire official, or emergency management official of the United States or any other state while attending training in this state.
(5) The Armed Forces of the United States or of this state.
(6) Research or educational programs conducted by or on behalf of a college, university, or secondary school which have been authorized by the chief executive officer of the educational institution or his or her designee and which are conducted in accordance with the laws of the United States and of this state.
(7) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopoeia or the National Formulary.
(8) Small arms ammunition and reloading components thereof.
(9) Commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers which is or are intended to be used solely for sporting, recreational, or cultural purposes in black powder firearms or antique firearms or antique devices.
(10) An explosive which is lawfully possessed in accordance with the rules adopted pursuant to Section 13A-10-206.
(Act 2009-718, p. 2115, §16.)
After consultation with the State Fire Marshal or the Commissioner of Agriculture and Industries, or his or her designee, the Alabama State Law Enforcement Agency may except by rule and provide for any explosive or quantity of explosive to be used in legitimate agricultural activities. A copy of the rule shall promptly be furnished to the State Fire Marshal and the Commissioner of Agriculture and Industries.
(Act 2009-718, p. 2115, §17.)
(a) All of the following property, real or personal, shall be subject to forfeiture:
(1) All raw materials, products, and equipment of any kind which are used or intended for use in manufacturing, cultivating, growing, compounding, processing, delivering, importing, or exporting any explosives or destructive devices in violation of Act 2009-718.
(2) All property which is used or intended for use as a container for property described in subdivision (1).
(3) All moneys, negotiable instruments, securities, other things of value furnished or intended to be furnished by any person in exchange for explosives or destructive devices in violation of any law of this state; all proceeds traceable to the exchange; and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of Act 2009-718.
(4) All conveyances, including aircraft, vehicles, or vessels, or agricultural machinery, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of any property described in subdivision (1).
(5) All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used or intended for use in violation of Act 2009-718.
(6) All real property or fixtures used or intended to be used for the manufacture, receipt, storage, handling, distribution, or sale of explosive and destructive devices in violation of Act 2009-718.
(7) All property of any type whatsoever constituting, or derived from, any proceeds obtained directly, or indirectly, from any violation of Act 2009-718.
(b) Property subject to forfeiture under Act 2009-718 may be seized by state, county, or municipal law enforcement agencies upon process issued by a court having jurisdiction over the property. Seizure of property without process may be made if any of the following occurs:
(1) Incident to an arrest, search under a search warrant, or an inspection under an administrative inspection warrant.
(2) If the property is the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon Act 2009-718.
(3) The state, county, or municipal law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety.
(4) The state, county, or municipal law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of Act 2009-718.
(c) In the event of seizure pursuant to subsection (b), proceedings under subsection (d) shall be instituted promptly.
(d) Property taken or detained under this section shall not be subject to replevin but is deemed to be in the custody of the state, county, or municipal law enforcement agency subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under Act 2009-718, the state, county, or municipal law enforcement agency may do any of the following:
(1) Place the removed property under seal.
(2) Remove the property to a designated place.
(3) Take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(4) Post notice of the seizure on real property or fixtures, and file and record notice of the seizure in the probate office.
(e) When property is forfeited under Act 2009-718 the state, county, or municipal law enforcement agency may do any of the following:
(1) Retain the property for official use, except for lawful currency or money of the United States which shall be disposed of in the same manner provided for the disposal of proceeds from a sale in subdivision (2).
(2) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds from the sale shall be used, first, for payment of all expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of or custody, advertising, and court costs; and the remaining proceeds from the sale shall be awarded and distributed by the court to the law enforcement agencies or departments that were participants in the investigation resulting in the seizure. The award and distribution shall be made on the basis of the percentage as determined by the court, which the respective agency or department contributed to the police work resulting in the seizure. Proceeds from sales authorized by this section awarded by the court to a law enforcement agency or department shall be deposited into the respective agency’s general fund and made available to the law enforcement agency or department upon requisition of the chief law enforcement official of the agency or department.
(3) Take custody of the property and remove the property for final disposition in accordance with law.
(f) An owner’s or bona fide lienholder’s interest in real property or fixtures shall not be forfeited under this section for any act or omission unless the state proves that the act or omission was committed or omitted with the knowledge or consent of the owner or lienholder. An owner’s or bona fide lienholder’s interest in any type of property other than real property and fixtures shall be forfeited under this section unless the owner or bona fide lienholder proves the act or omission subjecting the property to forfeiture was committed or omitted without the owner’s or lienholder’s knowledge or consent, and that the owner or lienholder could not have obtained by the exercise of reasonable diligence knowledge of the intended illegal use of the property to prevent the use, or both. Except as specifically provided to the contrary in this section, the procedures for the condemnation and forfeiture of property seized under this section shall be governed by and shall conform to the procedures set out in Sections 28-4-286 to 28-4-290, inclusive, except that:
(1) The burden of proof and standard of proof shall be as set out in this subsection instead of as set out in the last three lines of Section 28-4-290.
(2) The official filing the complaint shall also serve a copy of the complaint on any person, corporation, or other entity having a perfected security interest in the property that is known to that official or that can be discovered through the exercise of reasonable diligence.
(g) On application of the seizing law enforcement agency, the circuit court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this state or of the United States which can safely store or render harmless any destructive device, explosive, poison gas, or detonator which is subject to forfeiture pursuant to this section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poison gas, or detonator. The application may be made at any time after seizure. A destruction authorized pursuant to this subsection shall be made in the presence of at least one credible witness or shall be recorded on film, videotape, or other electronic imaging method. A film, videotape, or other electronic imaging method shall be admissible as evidence in lieu of the destructive device, explosive, poison gas, or detonator. The court may also direct the seizing agency or an agency to which the destructive device, explosive, poison gas, or detonator is transferred to make a report of the destruction or take samples, or both.
(h) Subsection (g) shall not prohibit an explosive ordnance technician, other law enforcement officer, or fire service personnel from taking action which shall render safe an explosive, destructive device, poison gas, or detonator or any object which is suspected of being an explosive, destructive device, poison gas, or detonator without the prior approval of a court when the action is intended to protect lives or property.
(Act 2009-718, p. 2115, §18.)
(a) Photographs, videotapes, or other identification or analysis of a destructive device, explosive, poison gas, detonator, or bacteriological or biological weapon duly identified by an explosive ordnance disposal technician or a person qualified as a forensic expert in the area of destructive devices or bacteriological or biological weapons shall be admissible in a civil or criminal trial in lieu of the destructive device, detonator, or bacteriological or biological weapon.
(b) If a destructive device, explosive, poison gas, detonator, or bacteriological or biological weapon which has been rendered safe is introduced into evidence in any criminal or civil action, it shall be the duty of the clerk of court, the court reporter of the court, or any other person authorized by the court to immediately photograph the same and to transfer custody of the destructive device, explosive, detonator, or bacteriological or biological weapon to the director or his or her designee or an explosive ordnance disposal technician.
(Act 2009-718, p. 2115, §19.)
The provisions of Act 2009-718 shall not apply to any of the following:
(1) Fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their lawfully intended purposes.
(2) A pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7 of Title 2, the Federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the Federal Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended.
(Act 2009-718, p. 2115, §20.)
Any criminal act committed by a person, any civil action initiated by any party, or pending criminal or civil matter relating to Section 13A-7-44, or as a result of a person’s conduct attributed to Section 13A-7-44, is hereby saved and may be continued and consummated according to the law in force when it was commenced. Furthermore, it is the intent of this section that the enactment of Act 2009-718 shall not be construed to affect any prosecution of any criminal or civil proceeding pending or begun before August 1, 2009, and Section 13A-7-44 is repealed as a result thereof.
(Act 2009-718, p. 2115, §24.)
As used in this article, the following terms have the following meanings:
(1) CREDIBLE THREAT. A knowing and willful statement or course of conduct that, based on the totality of the circumstances, would cause a reasonable person to fear for his or her safety or the safety of another.
(2) GOVERNMENT. The term as defined in Section 13A-10-1.
(3) GOVERNMENTAL FUNCTION. The term as defined in Section 13A-10-1.
(4) PROPERTY. Personal or real property. The term includes, but is not limited to, any of the following buildings or real property:
a. A church, mosque, synagogue, or other religious real property.
b. A public or private school.
c. A hospital, nursing home, or other building housing disabled or immobile individuals.
(5) VIOLENT ACT. A crime of violence as defined in Section 13A-11-70, or a violent offense as defined in Section 12-25-32.
(6) WEAPON OF MASS DESTRUCTION. Any of the following:
a. A destructive device as defined in 18 U.S.C. § 921.
b. A weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals.
c. A weapon involving a biological agent, toxin, or vector, as those terms are defined in 18 U.S.C. § 178.
d. A weapon that is designed to release radiation or radioactivity at a level dangerous to human life.
(Act 2023-493, §1; Act 2026-367, 1.)
(a) A person commits the crime of making a terrorist threat in the first degree when he or she makes a credible threat to commit a violent act against a person or to damage any property by use of a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, dangerous instrument, or other mechanism, and that threat does or is intended to do any of the following:
(1) Cause the disruption of a school, church, hospital, nursing home, or other building housing disabled or immobile individuals.
(2) Influence any person participating in a governmental function by intimidation or coercion.
(b) The crime of making a terrorist threat in the first degree is a Class B felony.
(Act 2023-493, §1; Act 2024-229, §1; Act 2026-367, §1.)
(a) A person commits the crime of making a terrorist threat in the second degree when he or she makes a credible threat to commit a violent act against a person or to damage any property by use of a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, dangerous instrument, or other mechanism.
(b)(1) Except as provided in subdivision (2), the crime of making a terrorist threat in the second degree is a Class A misdemeanor.
(2) The crime of making a terrorist threat in the second degree is a Class D felony if either of the following occurs:
a. The person has a prior adjudication or conviction of making a terrorist threat in any degree.
b. The person commits a second or subsequent offense of making a terrorist threat in the second degree within one year of making another terrorist threat in any degree.
(Act 2023-493, §1; Act 2026-367, §1.)
(a) A person convicted or adjudicated of making a terrorist threat in the first degree or second degree shall be ordered to make restitution as follows:
(1) To the owner of any real property or school, church, or governmental entity affected by the making of the terrorist threat.
(2) To the primary investigative law enforcement and prosecutorial entities for any legitimate cost incurred in the course of the investigation or prosecution. Where the terrorist threat results in an emergency response, the defendant shall be ordered to pay restitution for the expenses incurred by any local, state, or federal law enforcement or assisting governmental agency. Expenses include any reasonable costs directly incurred, including the costs of police, firefighting, and emergency medical services, and the personnel costs of those persons who respond to the incident.
(b) Notwithstanding any other provision of law, the total amount of restitution ordered pursuant to this section shall not exceed ten thousand dollars ($10,000).
(Act 2026-367, §2.)
The following definitions apply in this article:
(1) OBSTRUCT. To “obstruct” means to render impassable without unreasonable inconvenience or hazard. A gathering of persons to hear a person speak or otherwise communicate does not constitute an obstruction.
(2) PUBLIC PLACE. A place to which the public or a substantial group of persons has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses not constituting rooms or apartments designed for actual residence; provided, that no private dwelling and no place engaged for a private gathering is included within the meaning of public place with respect to any person specifically invited therein.
(3) TRANSPORTATION FACILITY. Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, water craft, railroad cars, buses and air, boat, railroad and bus terminals and stations and all appurtenances thereto.
(Acts 1977, No. 607, p. 812, §5501.)
(a) A person commits the crime of treason if he levies war against the State of Alabama or adheres to its enemies, giving them aid and comfort.
(b) No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or upon confession in open court.
(c) Treason is a Class A felony.
(Acts 1977, No. 607, p. 812, §5505.)
(a) A person commits the crime of riot if, with five or more other persons, he wrongfully engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of public terror or alarm.
(b) Riot is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §5510.)
(a) A person commits the crime of inciting to riot if he commands, solicits, incites or urges another person to engage in tumultuous and violent conduct of a kind likely to cause or create a grave risk of public terror or alarm.
(b) Inciting to riot is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §5511; Acts 1978, No. 770, p. 1110.)
(a) A person commits the crime of unlawful assembly if he assembles with five or more other persons for the purpose of engaging in conduct constituting the crime of riot or if, being present at an assembly that either has or develops such a purpose, he remains there with intent to advance that purpose.
(b) Unlawful assembly is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5515.)
(a) A person commits the crime of failure of a disorderly person to disperse if he participates with five or more other persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses or fails to disperse when ordered to do so by a peace officer or other public servant lawfully engaged in executing or enforcing the law.
(b) Failure of a disorderly person to disperse is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5520.)
(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he or she does any of the following:
(1) Engages in fighting or in violent tumultuous or threatening behavior.
(2) Makes unreasonable noise.
(3) In a public place uses abusive or obscene language or makes an obscene gesture.
(4) Without lawful authority, disturbs any lawful assembly or meeting of persons.
(5) Obstructs vehicular or pedestrian traffic, or a transportation facility.
(6) Congregates with other person in a public place and refuses to comply with a lawful order of law enforcement to disperse.
(b) Disorderly conduct is a Class C misdemeanor.
(c) The mere carrying of a pistol, holstered or otherwise secured on or about one’s person, without brandishing the weapon, in a public place, in and of itself, is not a violation of this section. For purposes of this subsection, “brandishing” shall mean the waving, flourishing, displaying, or holding of an item in a manner that is threatening or would appear threatening to a reasonable person, with or without explicit verbal threat, or in a wanton or reckless manner.
(d) Nothing in Act 2013-283 shall be construed to prohibit law enforcement personnel who have reasonable suspicion from acting to prevent a breach of the peace or from taking action to preserve public safety.
(Acts 1977, No. 607, p. 812, §5525; Act 2013-283, p. 938, §§2, 10; Act 2022-133, §1.)
(a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.
b. Directs abusive or obscene language or makes an obscene gesture towards another person.
(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.
(3) Harassment is a Class C misdemeanor.
(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:
a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.
b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.
c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.
Nothing in this section shall apply to legitimate business telephone communications.
(2) Harassing communications is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §5530; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1; Acts 1996, No. 96-767, p. 1353, §1; Acts 1997, No. 97-552, p. 989, §1.)
(a) A person commits the crime of loitering if he or she does any of the following:
(1) Loiters, remains, or wanders about in a public place for the purpose of begging.
(2) Loiters or remains in a public place for the purpose of gambling.
(3) Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or sodomy.
(4) Being masked, loiters, remains, or congregates in a public place.
(5) Loiters or remains in or about a school, college, or university building or grounds after having been told to leave by any authorized official of the school, college, or university, not having any reason or relationship involving custody of or responsibility for a pupil or any other specific, legitimate reason for being there, and not having written permission from a school, college, or university administrator.
(6) Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade, or commercial transactions involving the sale of merchandise or services.
(7) Loiters or remains in any place with one or more persons for the purpose of unlawfully using or possessing a dangerous drug.
(8) Loiters or remains on a public roadway maintained by the state, the right-of-way of a public roadway maintained by the state, or any area within 30 feet of any interchange involving a controlled-access or limited-access highway. An “interchange” is defined as a system of interconnecting roadways providing for traffic movement between two or more roadways that do not intersect at grade.
(b) A person does not commit a crime under subdivision (a)(4) if he or she is going to or from or staying at a masquerade party, or is participating in a public parade or presentation of an educational, religious, or historical character or in an event as defined in Section 13A-11-140.
(c) Sodomy in subdivision (a)(3) is defined as in Section 13A-6-60.
(d) Dangerous drug in subdivision (a)(7) means any narcotic, drug, or controlled substance as defined in Chapter 2 of Title 20 and any schedule incorporated therein.
(e) Loitering is a violation. A second or subsequent violation of this section in the same jurisdiction is a Class C misdemeanor.
(f)(1) Prior to making an arrest for a violation of subdivision (a)(8), a law enforcement officer may instruct any person in violation of subdivision (a)(8) to immediately and peaceably exit the public roadway maintained by the state or the right-of-way of the public roadway maintained by the state.
(2)a. Prior to making an arrest for an initial violation of subdivision (a)(8), a law enforcement officer may offer to transport any person in violation of subdivision (a)(8) to a location in the jurisdiction that offers emergency housing, if applicable.
b. If a person accepts an offer made pursuant to subdivision (1), a law enforcement officer may transport the person accordingly.
(g) Any actions undertaken by a law enforcement officer pursuant to this section shall be subject to Section 36-1-12.
(Acts 1977, No. 607, p. 812, §5540; Act 2019-465, §1; Act 2023-245, §1; Act 2024-326, §1.)
(a) A person commits the crime of public intoxication if he appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity.
(b) Public intoxication is a violation.
(Acts 1977, No. 607, p. 812, §5545.)
(a) As used in this section, the following words have the following meanings:
(1) ADULT. A person who, pursuant to state law, may possess alcoholic beverages.
(2) ADULT HAVING CONTROL OF A RESIDENCE. An adult who has sanctioned an open house party and who is in attendance.
(3) ALCOHOLIC BEVERAGE. The meaning ascribed in Section 28-3-1.
(4) CONTROLLED SUBSTANCE. The meaning ascribed in Section 20-2-2.
(5) OPEN HOUSE PARTY. A social gathering at a residence.
(6) REASONABLE ACTION. The act of ejecting a person from a residence or requesting law enforcement officials to eject a person from a residence.
(7) RESIDENCE. A home, apartment, condominium, country club, motel, hotel, or any other unit designed for dwelling.
(b) No adult having control of any residence, who has authorized an open house party at the residence and is in attendance at the party, shall allow the open house party to continue if all of the following occur:
(1) Alcoholic beverages or controlled substances are illegally possessed or illegally consumed at the residence by a person under the age of 21.
(2) The adult knows that an alcoholic beverage or controlled substance is in the illegal possession of or is being illegally consumed by a person under the age of 21 at the residence.
(3) The adult fails to take reasonable action to prevent illegal possession or illegal consumption of the alcoholic beverage or controlled substance.
(c) Any adult who violates this section shall be guilty of a Class B misdemeanor.
(Acts 1994, No. 94-580, §§1-3.)
(a) A person commits the crime of falsely reporting an incident if with knowledge that the information reported, conveyed, or circulated is false, he or she initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, bomb, explosion, crime, catastrophe, or emergency or the alleged release or impending release of a hazardous or dangerous substance, including, but not limited to, chemical, biological, or bacteriological substance or any nerve agent under circumstances in which it is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.
(b) Falsely reporting an incident is a Class A misdemeanor except that falsely reporting an incident of a bomb or explosion or the alleged release or impending release of a hazardous or dangerous substance is a Class C felony. Notwithstanding any other provision of law to the contrary, if the objective or target of the person listed in subsection (a) is to interfere with the attendance, operation, activities, or other business conducted at a public or private school, university, college, or other educational institution in this state, no part of a sentence imposed pursuant to subsection (a) or this subsection shall be probated, deferred, suspended, or withheld, and no person sentenced pursuant to subsection (a) or this subsection shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by an agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating the sentence until the defendant has completed the minimum sentence pursuant to subsection (a) or this subsection.
(Acts 1977, No. 607, p. 812, §5550; Act 2000-113, p. 166, §1; Act 2009-718, §21.)
(a) A person commits the crime of desecration of venerated objects if he intentionally:
(1) Desecrates any public monument or structure or place of worship or burial; or
(2) Desecrates in a public place the United States or Alabama flag or any other object of veneration by the public or a substantial segment thereof.
(b) Desecration of venerated objects is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §5555.)
(a) A person commits the crime of abuse of a corpse if, except as otherwise authorized by law, he knowingly treats a human corpse in a way that would outrage ordinary family sensibilities. Abuse of a corpse may include knowingly and willfully signing a certificate as having embalmed, cremated, or prepared a human body for disposition when, in fact, the services were not performed as indicated.
(b) Abuse of a corpse is a Class C felony.
(Acts 1977, No. 607, p. 812, §5560; Act 2002-239, p. 498, §1.)
(a) A person commits the crime of cruelty to animals if, except as otherwise authorized by law, he or she recklessly or with criminal negligence:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in his or her custody to cruel neglect; or
(3) Kills or injures without good cause any animal belonging to another.
(b) Cruelty to animals is a Class A misdemeanor and on the first conviction of a violation of this section shall be punished by a fine of not more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment; on a second conviction of a violation of this section, shall be punished by a fine of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment; and on a third or subsequent conviction of a violation of this section, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment.
(Acts 1977, No. 607, p. 812, §5565; Act 2010-550, p. 977, §2; Act 2013-369, p. 1326, §1.)
(a) A person commits the crime of aggravated cruelty to animals if the person intentionally or knowingly violates Section 13A-11-14, and the act of cruelty or neglect involved the infliction of torture to the animal.
(b) The word torture as used in this section shall mean the act of doing physical injury to an animal by the infliction of inhumane treatment or gross physical abuse meant to cause the animal intensive or prolonged pain or serious physical injury, or by causing the death of the animal.
(c) For purposes of this section and Section 13A-11-14, the terms torture and cruelty do not include the following:
(1) Actions taken if there is a reasonable fear of imminent attack, or conduct which is otherwise permitted under the agricultural or animal husbandry laws, customs, or practices of this state or the United States, including, but not limited to, catfish, cattle, goats, horses, pigs, hogs, poultry, sheep, pen-raised game, rodeo stock, and other farm animals.
(2) Conduct which is permitted under the fishing, hunting, and trapping laws, customs, or practices of this state or the United States.
(3) Conduct that is permitted under the laws, customs, or practices of this state or the United States related to the training, conditioning, and use of animals for rodeos, equine activities, livestock shows, field trials, and similar activities, or the use of dogs for hunting, service work, or similar activities.
(4) Conduct that is licensed or lawful under the Alabama Veterinary Practice Act or conduct by any licensed veterinarian that complies with accepted standards of practice of the profession within the State of Alabama, including, but not limited to, euthanasia.
(5) Conduct that is lawful under the laws of this state or the United States relating to activities undertaken by research and education facilities and institutions.
(6) Conduct that is prohibited under Section 13A-12-4.
(d) Aggravated cruelty to animals is a Class C felony.
(Act 2013-369, p. 1326, §2.)
[Repealed]
Repealed by Act 2013-421, §6, effective August 1, 2013.
(Acts 1989, No. 89-939, p. 1847, §1.)
(a) It is the intent of the Legislature that animals that participate in greyhound racing on which pari-mutual wagering is conducted and animals that are bred and trained for greyhound racing be treated humanely, both on and off the racetrack, throughout the lives of the animals.
(b) A greyhound bred, trained, or used for greyhound racing may not be put to death by any means other than lethal injection. A greyhound may not be removed from this state for the purpose of being destroyed.
(c)(1) Any person who violates this section on the first offense shall be guilty of a Class C misdemeanor.
(2) A person who violates this section on a second or subsequent offense shall be guilty of a Class A misdemeanor.
(Act 2003-340, p. 849, §§1-3.)
(a) A person commits the crime of disrupting a funeral or memorial service if, during the 60 minutes immediately preceding a funeral or memorial service that has a scheduled starting time, during the funeral or memorial service, or immediately following the funeral or memorial service, the person does any of the following with the intention of disrupting the funeral or memorial service:
(1) Engages in a protest, including, but not limited to, protest with or without using an electric sound amplification device, that involves singing, chanting, whistling, yelling, or honking a motor vehicle horn within 1,000 feet of the entrance to a facility being used for a funeral or memorial service.
(2) Blocks access to a facility being used for the service.
(3) Impedes vehicles that he or she knows are part of the procession.
(b) For purposes of this section, the term “facility” includes a funeral home, church, or cemetery in which the funeral or memorial service takes place.
(c) A violation of subsection (a) is a Class A misdemeanor for the first conviction and a Class C felony for each subsequent conviction.
(Act 2006-585, p. 1547, §1; Act 2012-303, p. 644, §1.)
The following definitions apply to this article:
(1) EAVESDROP. To overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law.
(2) PRIVATE PLACE. A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access.
(3) SURVEILLANCE. Secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person observed.
(Acts 1977, No. 607, p. 812, §5601.)
(a) A person commits the crime of criminal eavesdropping if he intentionally uses any device to eavesdrop, whether or not he is present at the time.
(b) Criminal eavesdropping is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §5605.)
(a) A person commits the crime of criminal surveillance if he intentionally engages in surveillance while trespassing in a private place.
(b) Criminal surveillance is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5610.)
(a) A person commits the crime of aggravated criminal surveillance if he or she intentionally engages in surveillance of an individual in any place where the individual being observed has a reasonable expectation of privacy, without the prior express or implied consent of the individual being observed, for the purpose of sexual gratification.
(b) Aggravated criminal surveillance is a Class C felony.
(c) The statute of limitations begins at the time of discovery of the surveillance.
(Act 2012-230, p. 423, §1; Act 2019-465, §1.)
(a) A person commits the crime of installing an eavesdropping device if he intentionally installs or places a device in a private place with knowledge it is to be used for eavesdropping and without permission of the owner and any lessee or tenant or guest for hire of the private place.
(b) Installing an eavesdropping device in a private place is prima facie evidence of knowledge that the device is to be used for eavesdropping.
(c) Installing an eavesdropping device is a Class C felony.
(Acts 1977, No. 607, p. 812, §5615.)
(a) A person commits the crime of criminal possession of an eavesdropping device if he possesses, manufactures, sends or transports any device designed or commonly used for eavesdropping, and:
(1) Intends to use that device to eavesdrop; or
(2) Knows that another person intends to use that device to eavesdrop.
(b) Criminal possession of an eavesdropping device is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §5620.)
(a) A person commits the crime of divulging illegally-obtained information if he knowingly or recklessly uses or divulges information obtained through criminal eavesdropping or criminal surveillance.
(b) Divulging illegally-obtained information is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5625.)
(a) A person does not commit a crime under this article if:
(1) He was a peace officer engaged in the lawful performance of his duties; or
(2) He was an officer, employee or agent of a communication common carrier who, while acting in the normal course of his employment, and while engaged in any activity which was a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication, intercepted, disclosed or used a communication transmitted through the facilities of that carrier; or
(3) He relies in good faith on a lawful court order or legislative authorization.
(b) The burden of injecting the issue under subsection (a) is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, §5630.)
Any eavesdropping or surveillance device possessed or used in violation of this article may be forfeited to the state, and may by court order be turned over to the Alabama State Law Enforcement Agency for whatever disposition its director may order.
(Acts 1977, No. 607, p. 812, §5635.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) FIREFIGHTER. The term as defined in Section 36-21-180.
(2) GOVERNMENTAL FUNCTION. The term as defined in Section 13A-10-1.
(3) LAW ENFORCEMENT OFFICER. An officer employed by the state, county, or municipality who is certified by the Alabama Police Officers’ Standards and Training Commission and who has the power of arrest.
(4) PERSONAL IDENTIFYING INFORMATION. Includes, but is not limited to, all of the following:
a. Home address.
b. Photographs or information of the victim’s children, including the schools they attend.
c. Any other information that would enable the victim to be harassed, threatened, or harmed.
(5) PUBLIC SERVANT. The term as defined in Section 13A-10-1.
(b) An individual commits the crime of doxing if he or she does either of the following:
(1) Intentionally electronically publishes, posts, or provides personal identifying information of another individual, with the intent that others will use that information to harass or harm that other individual, and the other individual is actually harassed or harmed.
(2) Intentionally electronically publishes, posts, or provides personal identifying information of a law enforcement officer, firefighter, or public servant, with the intent that others will use that information to harass, harm, or impede the duties of that law enforcement officer, firefighter, or public servant, and the law enforcement officer, firefighter, or public servant is actually harassed, harmed, or impeded from performing his or her governmental function.
(c)(1) A violation of subsection (b) is a Class A misdemeanor.
(2) A second or subsequent violation of subsection (b) is a Class C felony.
(d) Nothing in this section shall be construed to limit any of the following:
(1) Political speech protected by the First Amendment of the United States Constitution.
(2) The publication of contact information of public officials by any individual or organization for the purpose of encouraging citizens to lobby the public official for or against any policy or legislative act. For purposes of this subdivision, contact information means an official address, email, or phone number used by the public official for his or her public service.
(Act 2023-369, §1.)
(a) As used in this article, the following words shall have the following meanings:
(1) INTIMATE AREAS. Any portion of a person’s body, whether or not covered by undergarments, that are traditionally covered by undergarments to protect that portion from public view, including genitals, pubic areas, buttocks, and female breasts.
(2) PHOTOGRAPHS or FILMS. The making of a photograph, motion picture film, videotape, digital image, digital video, or any other recording or transmission of the image or recording of a person.
(3) UNDERGARMENTS. Articles of clothing worn under clothing that conceal intimate areas from view.
(Act 2019-481, §1.)
(a) A person commits the crime of voyeurism in the first degree if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly photographs or films the intimate areas of another person, whether through, under, or around clothing, without that person’s knowledge and consent and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
(b) Voyeurism in the first degree is a Class C felony, except if the defendant is 18 years of age or younger on the date of the offense, voyeurism in the first degree is a Class A misdemeanor.
(c) The statute of limitations begins at the time of discovery of the photograph or film.
(Act 2019-481, §2.)
(a) A person commits the crime of voyeurism in the second degree if he or she knowingly photographs or films the intimate areas of another person, whether through, under, or around clothing, without that person’s knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
(b) Voyeurism in the second degree is a Class A misdemeanor, except if the defendant is 18 years of age or younger on the date of the offense, voyeurism in the second degree is a Class B misdemeanor.
(c) The statute of limitations begins at the time of discovery of the photograph or film.
(Act 2019-481, §3.)
(a) Section 13A-11-42 does not apply to viewing, photographing, or filming by personnel of the Department of Corrections or of a local jail or correctional facility for security purposes or during investigation of an alleged misconduct by a person in the custody of the Department of Corrections or the local jail or correctional facility.
(b) Notwithstanding ordinary rules of court and preservation of evidence, if a person is adjudicated or convicted of a violation of Section 13A-11-41 or Section 13A-11-42, a court may order the destruction of any photograph, motion picture film, digital image, digital video, videotape, or any other recording of an image that was made by the person in violation of this article; provided that the victim, or victim’s representative, is provided with written notice 90 days before the destruction is to occur. Except as prohibited by state or federal law, the victim, or victim’s representative, shall retain the right to possess any photograph, motion picture film, digital image, videotape, or any other recording of an image.
(Act 2019-481, §4.)
A person who, in violation of this article, carries concealed about his or her person or in a vehicle a pistol or firearm of any other kind shall, on conviction, be guilty of a Class B misdemeanor.
(Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420; Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §161; Code 1975, §13-6-120; Act 2022-133, §1.)
Nothing within Article 3 of Chapter 11 of Title 13A, shall be construed to diminish or otherwise affect property rights under state law not within that title.
(Act 2022-133, §7.)
The defendant being tried under the provisions of Section 13A-11-50 may give evidence that at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the jury may consider in mitigation of the punishment or in justification of the offense.
(Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420; Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §162; Code 1975, §13-6-121.)
Except as otherwise provided in this article, no person shall carry a pistol about his person on private property not his own or under his control unless the person possesses a valid concealed weapon permit or the person has the consent of the owner or legal possessor of the premises; but this section shall not apply to any law enforcement officer in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.
(Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975, §13-6-122; Act 2013-283, p. 938, §2.)
Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1876, §4110; Code 1886, §3776; Code 1896, §4421; Code 1907, §6422; Code 1923, §3486; Code 1940, T. 14, §164; Code 1975, §13-6-123.)
Any person who carries a rifle or shotgun walking cane shall, on conviction, be fined not less than $500.00 nor more than $1,000.00, and be imprisoned in the penitentiary not less than two years.
(Code 1876, §4111; Code 1886, §3777; Code 1896, §4422; Code 1907, §6423; Code 1923, §3489; Code 1940, T. 14, §165; Code 1975, §13-6-124.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-133 EFFECTIVE JANUARY 1, 2023. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Code 1852, §586; Code 1867, §4136; Code 1876, §4809; Code 1886, §3779; Code 1896, §4424; Code 1907, §6425; Acts 1919, No. 204, p. 196; Code 1923, §3491; Code 1940, T. 14, §166; Code 1975, §13-6-125.)
Any person who, while fighting in the streets of any city or town, or at a militia muster, or at any public place, whether public in itself, or made public at the time by an assemblage of persons, uses or attempts to use, except in self-defense, any kind of firearms shall, on conviction, be fined not less than $200.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not less than six months.
(Code 1852, §129; Code 1867, §3671; Code 1876, §4228; Code 1886, §4094; Code 1896, §5353; Code 1907, §6895; Code 1923, §4045; Code 1940, T. 14, §169; Code 1975, §13-6-127.)
(a) Any person who sells, gives or lends to any minor any pistol , except under the circumstances provided in Section 13A-11-72, bowie knife, or other knife of like kind or description, shall, on conviction, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).
(b) This section does not apply to a transfer by inheritance of title to, but not possession of, a pistol, bowie knife, or other knife of like kind or description to a minor.
(Code 1852, §204; Code 1867, §3751; Code 1876, §4230; Code 1886, §4096; Code 1896, §5355; Code 1907, §6896; Code 1923, §4046; Code 1940, T. 14, §170; Code 1975, §13-6-128; Act 2015-341, §1.)
(a) Any resident of Alabama authorized to sell and deliver rifles, shotguns, and ammunition may sell and deliver them to a resident of any state where the sale of the firearms and ammunition is legal. Any purchaser of the firearm or ammunition may take or send it out of the state or have it delivered to his or her place of residence.
(b) Any resident of Alabama who legally purchases rifles, shotguns, and ammunition in any state where the purchase is legal may take delivery of the weapons either in the state where they were purchased or in Alabama.
(Acts 1969, Ex. Sess., No. 175, p. 241; Code 1975, §13-6-130; Act 2007-196, p. 232, §1.)
(a) For the purposes of this section, the following words have the following meanings:
(1) AMMUNITION. Any cartridge, shell, or projectile designed for use in a firearm.
(2) LICENSED DEALER. A person who is licensed pursuant to 18 U.S.C. § 923 or Section 13A-11-79, to engage in the business of dealing in firearms.
(3) MATERIALLY FALSE INFORMATION. Information that portrays an illegal transaction as legal or a legal transaction as illegal.
(4) PRIVATE SELLER. A person who sells or offers for sale any firearm, as defined in Section 13A-8-1(4), or ammunition.
(b) A person who knowingly solicits, persuades, encourages, or entices a licensed dealer or private seller of a firearm or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States is guilty of a Class C felony.
(c) A person who provides to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of the transfer of a firearm or ammunition is guilty of a Class C felony.
(d) This section does not apply to a peace officer acting in his or her official capacity or to a person acting at the direction of a peace officer.
(Act 2011-570, p. 1164, §1.)
(a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, except in those instances where the context clearly indicates a different meaning:
(1) DEMONSTRATION. Demonstrating, picketing, speechmaking or marching, holding of vigils and all other like forms of conduct which involve the communication or expression of views or grievances engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. Such term shall not include casual use of property by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.
(2) FIREARM. Any pistol, rifle, shotgun or firearm of any kind, whether loaded or not.
(3) LAW ENFORCEMENT OFFICER. Any duly appointed and acting federal, state, county or municipal law enforcement officer, peace officer or investigating officer, or any military or militia personnel called out or directed by constituted authority to keep the law and order, and any park ranger while acting as such on the grounds of a public park and who is on regular duty and present to actively police and control the demonstration, and who is assigned this duty by his department or agency. Such term does not include a peace officer on strike or a peace officer not on duty.
(4) PUBLIC PLACE. Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. Such term shall include the front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center or other place of business. Such term shall also include any public building, the grounds of any public building, or within the curtilage of any public building, or in any public parking lot, public street, right-of-way, sidewalk right-of-way, or within any public park or other public grounds.
(b) It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place.
(c) It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was in possession of any firearm. This subsection shall not apply to any person in possession of or having on his or her person any firearm within a private dwelling or other private building or structure.
(d) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided by law.
(Acts 1979, No. 79-455, p. 743; Code 1975, §13-6-131.)
(a) Except as provided in subsection (b) of this section, the possession or sale of brass or steel teflon-coated handgun ammunition is illegal anywhere within the State of Alabama. The possession or sale of said ammunition or any ammunition of like kind designed to penetrate bullet-proof vests shall be unlawful and punishable as provided in subsection (c) of this section.
(b) The provisions of this section shall not apply to state or local law enforcement officers; nor shall it apply to the possession or sale of teflon-coated lead or brass ammunition designed to expand upon contact.
(c) Any person who while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession, teflon-coated ammunition for such firearm, upon conviction of such felony or attempted felony, in addition and consecutive to the punishment prescribed for said felony or attempted felony, shall be punished by the imposition of an additional term of three years in the penitentiary.
(d) Any person violating the provisions of this section shall be guilty of a Class C felony as defined by Section 13A-5-3.
(Acts 1982, No. 82-509.)
(a) No person shall shoot or discharge a firearm, explosive or other weapon that discharges a dangerous projectile into any occupied or unoccupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft.
(b) Any person who commits an act prohibited by subsection (a) with respect to an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft shall be guilty of a Class A felony.
(c) Any person who commits any act prohibited by subsection (a) with respect to an unoccupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft shall be guilty of a Class C felony.
(Acts 1984, No. 84-276, p. 463, §§1, 2; Act 2025-273, §3.)
AMENDED BY ACT 2026-558, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) No person shall shoot or discharge a firearm into an occupied or unoccupied school bus or school building.
(1) A person who shoots or discharges a firearm into an occupied school bus or school building shall be guilty of a Class B felony.
(2) A person who shoots or discharges a firearm into an unoccupied school bus or school building shall be guilty of a Class C felony.
(b) No person shall shoot or discharge a firearm on school property.
(1) A person who shoots or discharges a firearm on school property during school hours or during school activities after school hours, shall be guilty of a Class B felony.
(2) In circumstances other than those provided in subdivision (1), a person who shoots or discharges a firearm on school property shall be guilty of a Class C felony.
(c) A person shall not be in violation of this section if the person is justified in using physical force pursuant to Section 13A-3-23.
(d) A person shall not be in violation of this section if he or she is engaging in an organized competition or school system sanctioned event involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. § 501(c)(3) which uses firearms as part of the performance or is on land leased from a school system.
(e) For the purposes of this section, “school property” does not include sixteenth section land or school lands, pursuant to Section 16-20-1, held in trust for the benefit of a school district, that do not have any school buildings, and that is not actively used for the purpose of providing educational or recreational activities to students.
(f) A person shall not be in violation of this section if he or she is under 19 years of age.
(g) This section shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this section is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Act 2006-539, p. 1242, §§1, 2; Act 2023-370, §1.)
(a) In addition to any other place limited or prohibited by state or federal law, a person, including a person with a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85, may not knowingly possess or carry a firearm in any of the following places without the express permission of a person or entity with authority over the premises:
(1) Inside the building of a police, sheriff, or highway patrol station.
(2) Inside or on the premises of a prison, jail, halfway house, community corrections facility, or other detention facility for those who have been charged with or convicted of a criminal or juvenile offense.
(3) Inside a facility that provides inpatient or custodial care of those with psychiatric, mental, or emotional disorders.
(4)a. Inside a courthouse, courthouse annex, a building in which a district attorney’s office is located, a building in which a county commission or city council is currently having a regularly scheduled or specially called meeting, or the primary office of any elected official.
b. For purposes of this subdivision, “courthouse annex” means either of the following:
A building constructed, purchased, or repurposed as part of a courthouse complex, judicial complex, or probate court, for so long as the building is actively and regularly used for that purpose.
A building or part of a building that, by order of any judge or probate judge, is having regularly scheduled or specially called judicial proceedings. A building or part of a building that is a courthouse annex pursuant to this subparagraph shall be a courthouse annex only for the duration of the judicial proceedings and any other related activities that the judge orders necessary.
(5) Inside any facility hosting an athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education, unless the person has a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85.
(6) Inside any facility hosting a professional athletic event not related to or involving firearms, unless the person has a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85.
(b)(1) Notwithstanding the provisions of subsection (a), and in addition to any other place where possession of a firearm or a pistol is prohibited by federal or state law or may be prohibited pursuant to federal or state law, including, but not limited to, Section 13A-11-52, a person, including a person with a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85, without the express permission of a person or entity with authority over the premises, may not knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers that prevent persons entering the facility from bringing prohibited items into the facility.
(2) It is not a violation of subsection (a) or this subsection to knowingly possess or carry a firearm at a location described in subsection (a) or this subsection if the location is also a sheriff’s office that issues pistol permits and the pistol remains inside of a locked vehicle at all times while the person is on the premises.
(3) Nothing in this subsection otherwise restricts the possession, transportation, or storage of a lawfully possessed firearm or ammunition in an employee’s privately owned motor vehicle while parked or operated in a public or private parking area provided the employee complies with the requirements of Section 13A-11-90.
(c) The person or entity with authority over the premises set forth in subdivision (1) to (6), inclusive, of subsection (a) and subsection (b) shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited.
(d) Any firearm on the premises of any facility set forth in subdivision (a)(1), or subdivisions (4) to (6) inclusive, of subsection (a), or subsection (b) shall be kept from ordinary observation and locked within a compartment or in the interior of the person’s motor vehicle or in a compartment or container securely affixed to the motor vehicle.
(e) A violation of subsection (a), (b), or (d) is a Class C misdemeanor.
(f) This section shall not prohibit any person from possessing a firearm within the person’s residence or during ingress or egress thereto.
(g) Prohibitions regarding the carrying of a firearm under this section shall not apply to law enforcement officers engaged in the lawful execution of their official duties or a qualified retired law enforcement officer. For purposes of this section, qualified retired law enforcement officer shall mean a retired officer who meets all of the following requirements:
(1) Was separated from service in good standing from service with a public agency as a law enforcement officer.
(2) Before separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest.
(3) Before separation, served as a law enforcement officer for an aggregate of 10 years or more and separated from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by the agency.
(4) During the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the state in which the individual resides or, if the state has not established such standards, either a law enforcement agency within the state in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state.
(5) Has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health, and as a result, will not be issued the photographic identification described in subdivision (8) and has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subdivision (8).
(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(7) Is not prohibited by state or federal law from receiving a firearm.
(8) Is carrying any of the following identification documents:
a. A photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm.
b. A photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer, and a certification issued by the state in which the individual resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers within that state that indicates that the individual, not less than one year before the date the individual is carrying the concealed firearm, has been tested or otherwise found by the state or a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers within that state to have met either of the following:
The active duty standards for qualification in firearms training, as established by the state, to carry a firearm of the same type as the concealed firearm.
If the state has not established such standards, standards set by any law enforcement agency within that state to carry a firearm of the same type as the concealed firearm.
(h) Nothing in this section shall be construed to authorize the carrying or possession of a firearm where prohibited by federal law.
(Act 2013-283, p. 938, §6; Act 2015-341, p. 1055, §1; Act 2018-529, §1; Act 2022-133, §1.)
(a) The purpose of this section is to establish within the Legislature complete control over regulation and policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that such regulation and policy is applied uniformly throughout this state to each person subject to the state’s jurisdiction and to ensure protection of the right to keep and bear arms recognized by the Constitutions of the State of Alabama and the United States. This section is to be liberally construed to accomplish its purpose.
(b) For the purposes of this section, the following words shall have the following meanings:
(1) AMMUNITION. Fixed cartridge ammunition, shotgun shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle-loading firearms, and any propellant used in firearms or ammunition.
(2) EXPRESSLY AUTHORIZED BY A STATUTE OF THIS STATE. The authority of a political subdivision to regulate firearms, ammunition, or firearm accessories that is granted by a duly enacted state law that specifically mentions firearms, a particular type of firearm, ammunition, or a particular type of ammunition.
(3) FIREARM ACCESSORY. A device specifically designed or adapted to enable the wearing or carrying about one’s person, or the storage or mounting in or on a conveyance, of a firearm, or an attachment or device specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter, or improve the functioning or capabilities of the firearm.
(4) FIREARM. This term has the same meaning as in Section 13A-8-1(4).
(5) PERSON ADVERSELY AFFECTED. Any of the following:
a. A resident of this state who may legally possess a firearm under the laws of this state and the United States and who is either of the following:
Subject to any manner of regulation alleged to be promulgated or enforced in violation of this section, whether or not specific enforcement action has been initiated or threatened against that person or another person.
If the person were present in the political subdivision in question, subject to any manner of regulation alleged to be promulgated or enforced in violation of this section, whether or not specific enforcement action has been initiated or threatened against that person or another person.
b. A person who otherwise has standing under the laws of this state to bring an action under subsection (f).
c. A membership organization if its members would otherwise have standing to sue in their own right, if the interests it seeks to protect are germane to the organization’s purpose, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.
(6) POLITICAL SUBDIVISION. A county, incorporated city, unincorporated city, public local entity, public-private partnership, and any other public entity of a county or city commonly considered to be a political subdivision of the state.
(7) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people of a political subdivision or its instrumentalities, including governmental corporations, and any person appointed to a position at the municipal level of government or its instrumentalities, including governmental corporations.
(8) REASONABLE EXPENSES. The expenses involved in litigation, including, but not limited to, expert witness fees, court costs, and compensation for loss of income.
(c) Except as otherwise provided in Act 2013-283 or as expressly authorized by a statute of this state, the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon firearms, ammunition, and firearm accessories to the complete exclusion of any order, ordinance, or rule promulgated or enforced by any political subdivision of this state.
(d) The authority of a political subdivision to regulate firearms, ammunition, or firearm accessories shall not be inferred from its proprietary authority, home rule status, or any other inherent or general power.
(e) Any existing orders, ordinances, or rules promulgated or enforced contrary to the terms of this section are null and void and any future order, ordinance, or rules shall comply with this section.
(f)(1) A person adversely affected by any order, ordinance, or rule promulgated in violation of this section may file a petition with the Attorney General requesting that he or she bring an action in circuit court for declarative and injunctive relief. The petition must be signed under oath and under penalty of perjury and must include specific details regarding the alleged violations.
(2) If, after investigation of the enactment or adoption of the order, ordinance, or rule, the Attorney General determines that there is reasonable cause to proceed with an action, he or she shall provide the political subdivision or public official enacting or adopting the order, ordinance, or rule 60 days’ notice of his or her intent to file an action. Upon the expiration of the 60 days’ notice, the Attorney General may file the suit.
(3) If, after investigation of the enactment or adoption of the order, ordinance, or rule, the Attorney General determines that there is no reasonable cause to proceed with an action, he or she shall publicly state in writing the justification for the determination not to file suit.
(4) The Attorney General shall either bring an action or publicly state, within 90 days of receipt of the petition, in the written justification why a violation of the spirit of this section, specifically subsections (a) and (c), has not occurred.
(5) The court may award reimbursement for actual and reasonable expenses to a person adversely affected if an action under this subsection results in a final determination in favor of the person adversely affected.
(g) This section shall not be construed to prevent any of the following:
(1) A duly organized law enforcement agency of a political subdivision from promulgating and enforcing rules pertaining to firearms, ammunition, or firearm accessories that it issues to or that are used by the political subdivision’s peace officers in the course of their official duties.
(2) An employer from regulating or prohibiting an employee’s carrying or possession of firearms, firearm accessories, or ammunition during and in the course of the employee’s official duties.
(3) A prosecutor, court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within its jurisdiction.
(4) The enactment or enforcement of a generally applicable zoning or business ordinance that includes firearms businesses along with other businesses, provided that an ordinance designed or enforced effectively to restrict or prohibit the sale, purchase, transfer, manufacture, or display of firearms, ammunition, or firearm accessories that is otherwise lawful under the laws of this state is in conflict with this section and is void.
(5) A political subdivision from enacting and enforcing rules of operation and use for any firearm range owned or operated by the political subdivision.
(6) A political subdivision from sponsoring or conducting any firearm-related competition or educational or cultural program and from enacting and enforcing rules for participation in or attendance at such program, provided that nothing in this section authorizes or permits a political subdivision to offer remuneration for the surrender or transfer of a privately owned firearm to the political subdivision or another party as a method of reducing the number of privately owned firearms within the political subdivision.
(7) Any official of a political subdivision, a sheriff, or other law enforcement officer with appropriate authority and jurisdiction from enforcing any law enacted by the Legislature.
(8) A sheriff of a county from acting on an application for a permit under Section 13A-11-75.
(9) A political subdivision from leasing public property to another person or entity for a gun show or other firearm-related event on terms agreeable to both parties.
(10) The adoption or enforcement by a county or municipality of ordinances which make the violation of a state firearm law a violation of an ordinance, provided that the elements of the local ordinance may not differ from the state firearm law, nor may the local ordinance impose a higher penalty than what is imposed under the state firearm law.
(11) A municipality from regulating the discharge of firearms within the limits of the municipality or a county from exercising any authority it has under law, to regulate the discharge of firearms within the jurisdiction of the county. The discharge of a firearm in defense of one’s self or family or in defense of one’s property may not be construed to be a violation of state law or any ordinance or rule of a political subdivision of this state.
(12) A county or a municipality from exercising any authority it has to assess, enforce, and collect generally applicable sales taxes, use taxes, and gross receipts taxes in the nature of sales taxes as defined by Section 40-2A-3(8), on the retail sale of firearms, ammunition, and firearm accessories along with other goods, provided that no such tax imposed by a county or municipality may apply at a higher rate to firearms, ammunition, or firearm accessories than the general sales tax rate of the jurisdiction.
(Act 2013-283, p. 938, §7.)
For purposes of this division, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) FIREARM. As defined under Section 13A-8-1.
(2) RIFLE. Any weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each pull of the trigger.
(3) SHORT-BARRELED RIFLE. A rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches.
(4) SHORT-BARRELED SHOTGUN. A shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(5) SHOTGUN. A weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(Acts 1982, No. 82-430, §1; Act 2022-133, §1; Act 2022-438, §1.)
(a) A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in violation of federal law is guilty of a Class C felony.
(b) This section does not apply to a peace officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with his or her official duties.
(Acts 1982, No. 82-430, §2; Act 2010-496, p. 766, §1.)
A person who either:
(1) Changes, alters, removes, or obliterates the name of the maker, model, manufacturer’s number or other mark or identification of any firearm, or
(2) Possesses, obtains, receives, sells, or uses a firearm after the maker, model, manufacturer’s number or other mark or identification has been changed, altered, removed, or obliterated, is guilty of a Class C felony.
(Acts 1982, No. 82-430, §3.)
Violation of Section 13A-11-63(a) or Section 13A-11-64 in the course of, or in connection with the commission of any other felony shall be a Class B felony, and the punishment imposed therefor shall be in addition to the punishment imposed for the other felony.
(Acts 1982, No. 82-430, §4.)
This division is supplemental to any other law and the penalties provided herein are in addition to any other penalties provided by law. This division shall not be construed to limit or in any way reduce the minimum and maximum penalties provided in any other law.
(Acts 1982, No. 82-430, §5.)
For the purposes of this division, the following terms shall have the respective meanings ascribed by this section:
(1) COMMISSION. The Alabama Justice Information Commission.
(2) CONCEALED CARRY PERMIT or PISTOL PERMIT. A permit to carry a pistol in a vehicle or concealed on or about his or her person within the state.
(3) CRIME OF VIOLENCE. Any of the following crimes or an attempt to commit any of them, namely, murder, manslaughter, (except manslaughter arising out of the operation of a vehicle), rape, mayhem, assault with intent to rob, assault with intent to ravish, assault with intent to murder, robbery, burglary, and kidnapping. “Crime of violence” shall also mean any Class A felony or any Class B felony that has as an element serious physical injury, the distribution or manufacture of a controlled substance, or is of a sexual nature involving a child under the age of 12.
(4) HONORABLY DISCHARGED VETERAN. An individual honorably discharged from active duty in the Army, the Navy, the Marine Corps, the Air Force, the Space Force, or the Coast Guard of the United States, or any reserve or National Guard component of the United States Armed Forces, as evidenced by his or her DD Form 214, Record and Report of Separation Honorable Discharge Record, or other applicable documentation.
(5) LIFETIME CONCEALED CARRY PERMIT or LIFETIME CARRY PERMIT. A concealed carry permit that is valid for the lifetime of the permit holder.
(6) PERSON. Such term includes any firm, partnership, association, or corporation.
(7) PISTOL. Any firearm with a barrel less than 12 inches in length.
(8) RETIRED MILITARY VETERAN. An individual who is a retiree from active duty in the Army, the Navy, the Marine Corps, the Air Force, the Space Force, or the Coast Guard of the United States, or any reserve or National Guard component of the United States Armed Forces.
(9) SERVICE MEMBER. An individual who is in military service and is a member of the armed services or reserve forces of the United States or a member of the Alabama National Guard.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §172; Acts 1947, No. 616, p. 463, §1; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-150; Act 2013-283, p. 938, §2; Act 2021-246, §3.)
Any person who commits or attempts to commit a crime of violence when armed with a pistol, in addition to the punishment provided for the crime, may additionally be punished as provided by this division.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §173; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-151; Act 2022-133, §1.)
(a)(1) A person may not own a firearm or have a firearm in his or her possession or under his or her control if any of the following apply:
a. The person has been convicted in this state or elsewhere of any kind of felony offense within the previous five years.
b. The person has been convicted in this state or elsewhere of three or more felony offenses of any kind at any time; provided the felony offense convictions used to support a charge under this paragraph each arose from a different indictment or complaint or otherwise arose on a different date of charge.
c. The person has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in subsection (h), or a violent offense as defined in Section 12-25-32.
d. The person is subject to a valid protection order for domestic abuse.
e. The person is of unsound mind.
(2) A violation of this subsection is a Class C felony.
(3) It shall be an affirmative defense to a prosecution under this subsection that the defendant has received a pardon pursuant to Section 15-22-36 which expressly restores the defendant’s right to possess a firearm as to each conviction supporting the prosecution.
(b)(1) No person who is a minor, except under the circumstances provided in this section, an habitual drunkard, or who has a drug addiction shall own a pistol or have one in his or her possession or under his or her control.
(2) A violation of this subsection is a Class A misdemeanor.
(c)(1) No person who is an alien and is illegally or unlawfully in the United States or has been admitted to the United States under a nonimmigrant visa as defined in 8 U.S.C. § 1101(a)(26), provided no exception to this subsection as listed in 18 U.S.C. § 922(y)(2) applies, shall own a pistol or other firearm or have one in his or her possession or under his or her control.
(2) A violation of this subsection is a Class C felony.
(d)(1) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a school.
(2) A violation of this subsection is a Class C felony.
(e) School security personnel and school resource officers qualified under Section 16-1-44.1(a), employed by a local board of education, and authorized by the employing local board of education to carry a deadly weapon while on duty are exempt from subsection (d). Law enforcement officers are exempt from this section, and persons with permits issued pursuant to Section 13A-11-75, are exempt from subsection (d).
(f) A person shall not be in violation of Section 13A-11-57 or 13A-11-76 and a minor shall not be in violation of this section if the minor has permission to possess a pistol from a parent or legal guardian who is not prohibited from possessing a firearm under state or federal law, and any of the following are satisfied:
(1) The minor is attending a hunter education course or a firearms safety course under the supervision of an adult who is not prohibited from possessing a firearm under state or federal law.
(2) The minor is engaging in practice in the use of a firearm or target shooting at an established range under the supervision of an adult who is not prohibited from possessing a firearm under state or federal law.
(3) The minor is engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. § 501(c)(3) which uses firearms as part of the performance.
(4) The minor is hunting or fishing pursuant to a valid license, if required, and the person has the license in his or her possession; has written permission of the owner or legal possessor of the land on which the activities are being conducted; and the pistol, when loaded, is carried only in a manner discernible by ordinary observation.
(5) The minor is on real property under the control of the minor’s parent, legal guardian, or grandparent.
(6) The minor is a member of the armed services or National Guard and the minor is acting in the line of duty.
(7) The minor is traveling by motor vehicle to any of the locations or activities listed in subdivisions (1) through (6), has written permission to possess the pistol or firearm by his or her parent or legal guardian, and the pistol or firearm is unloaded, locked in a compartment or container that is in or affixed securely to the motor vehicle, and is out of reach of the driver and any passenger in the motor vehicle.
(g) This section does not apply to a minor who uses a pistol or other firearm while acting in self-defense of himself, herself, or other persons against an intruder into the residence of the minor or a residence in which the minor is an invited guest.
(h) For the purposes of this section, the following terms have the following meanings:
(1) CONVICTED. a. Means a person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case if required by law, and either the case was tried before a judge, tried by a jury, or the person knowingly and intelligently waived the right to have the case tried, by guilty plea or otherwise.
b. A person is not considered to have been convicted for the purposes of this section if the person is not considered to have been convicted in the jurisdiction in which the proceedings were held or the conviction has been expunged, set aside, or is of an offense for which the person has been pardoned or has had his or her civil rights restored, unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
(2) DEADLY WEAPON. A firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury, and the term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.
(3) MISDEMEANOR OFFENSE OF DOMESTIC VIOLENCE. A misdemeanor offense that has, as its elements, the use or attempted use of physical force or the threatened use of a dangerous instrument or deadly weapon, and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship with the defendant.
(4) QUALIFIED INDIVIDUAL. A victim as defined in Section 30-5-2 or an individual who cohabitates or has cohabited with the person.
(5) SCHOOL. A school composed of grades K-12 and shall include a school bus used for grades K-12.
(6) SCHOOL RESOURCE OFFICER. An Alabama Peace Officers’ Standards and Training Commissioner-certified law enforcement officer employed by a law enforcement agency who is specifically selected and specially trained for the school setting.
(7) UNSOUND MIND. Includes any person who is subject to any of the findings listed below, and who has not had his or her rights to possess a firearm reinstated by operation of law or legal process:
a. Found by a court, board, commission, or other lawful authority that, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease, is a danger to himself, herself, or others or lacks the mental capacity to contract or manage his or her own affairs.
b. Found to be insane, not guilty by reason of mental disease or defect, found mentally incompetent to stand trial, or found not guilty by a reason of lack of mental responsibility by a court in a criminal case, to include state, federal, and military courts.
c. Involuntarily committed for a final commitment for inpatient treatment to the Department of Mental Health or a Veterans’ Administration hospital by a court after a hearing.
(8) VALID PROTECTION ORDER. An order issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate, that does either of the following:
a. Restrains the person from harassing, stalking, or threatening a qualified individual or child of the qualified individual or person or engaging in other conduct that would place a qualified individual in reasonable fear of bodily injury to the individual or child and that includes a finding that the person represents a credible threat to the physical safety of the qualified individual or child.
b. By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the qualified individual or child that would reasonably be expected to cause bodily injury.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §174; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, §1; Act 2013-288, p. 995, §2; Act 2015-341, p. 1055, §1; Act 2023-487, §1; Act 2025-273, §1.)
(a) Within 30 days after a conviction or final order in a case involving a misdemeanor charge of domestic violence, as defined in Section 13A-11-72, all municipal, probate, district, and circuit courts, electronically or in a method determined by the Alabama Justice Information Commission, shall report to the Alabama State Law Enforcement Agency for entry into the state firearms prohibited person database.
(b) All municipal courts shall also report to the Alabama State Law Enforcement Agency in a method determined by the commission for inclusion into the state firearms prohibited person database all other criminal convictions and orders that would cause an individual to be prohibited from possessing a firearm under federal or state law.
(c)(1) Within 30 days of a conviction or issuance of a court order that would result in an individual being prohibited from possessing a firearm under federal or state law, each municipal, county, and state court shall forward to the Alabama State Law Enforcement Agency, in a manner prescribed by the commission, that conviction or court order.
(2)a. A court shall report to the Alabama State Law Enforcement Agency, in a method determined by the commission, updates to any conviction or court order that was previously forwarded to the Alabama State Law Enforcement Agency, including notice of any appeal, expungement, pardon, commutation, or restoration of civil rights.
b. Upon receipt of notice of any appeal, expungement, pardon, commutation, or restoration of civil rights that would nullify the reason why an individual is prohibited from possessing a firearm under federal or state law, the Alabama State Law Enforcement Agency shall accordingly adjust or remove that individual’s information in the state firearms prohibited persons database.
(d) Upon reporting a conviction or order to the Alabama State Law Enforcement Agency pursuant to this section, a court may collect fifty dollars ($50) in additional court costs, to be paid by the individual. Court costs collected under this subsection shall be distributed as follows:
(1) Ninety percent to the sheriff of the county in which the court is located, to be used for the administration of the concealed carry permit application process and other law enforcement purposes.
(2) Ten percent to the reporting court.
(Act 2021-246, §4.)
(a) It shall be unlawful for any person to knowingly have a firearm in his or her possession or under his or her control when the person has been charged with committing or attempting to commit a crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense as listed in Section 12-25-32(15), and thereafter has been released pending or during trial.
(b) Unless waived by the defendant, a person may not be convicted of violating this section unless the person is first convicted of the crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense listed in Section 12-25-32(15), or a lesser included offense, which gave rise to the charge and for which the person was released pending or during trial.
(c) A person who violates this section shall be guilty of a Class C felony.
(Act 2025-273, §2.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-133 EFFECTIVE JANUARY 1, 2023. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §175; Acts 1947, No. 616, p. 463, §3; Acts 1951, No. 784, p. 1378; Acts 1956, 2nd Ex. Sess., No. 43, p. 336; Code 1975, §13-6-153; Act 2013-283, p. 938, §2.)
The provisions of Section 13A-11-72(c) shall not apply to marshals, sheriffs, prison and jail wardens and their regularly employed deputies, police officers and other law enforcement officers of any state or political subdivision thereof, or to the members of the Army, Navy, Marine Corps, Air Force, or Space Force of the United States or of the National Guard, or to the members of the National Guard organized reserves or state guard organizations when on duty or going to or from duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from this state; provided, that those members are at or are going to or from their places of assembly or target practices, or to officers or employees of the United States duly authorized to carry a pistol, or to any person engaged in manufacturing, repairing, or dealing in pistols, or the agent or representative of a person possessing, using, or carrying a pistol in the usual or ordinary course of pistol manufacturing, repairing, or dealing business, or to any common carrier, except taxicabs, licensed as a common carrier, or to any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper, from the place of purchase to his or her home or place of business, or to or from a place of repair or in moving from one place of abode or business to another.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §176; Acts 1947, No. 616, p. 463, §4; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-154; Act 2022-133, §1.)
The issuance of a permit to carry a pistol pursuant to Section 13A-11-75, or the recognition of a nonresident license pursuant to Section 13A-11-85, does not impose a general prohibition on the carrying of a pistol without a permit.
(Act 2022-133, §2.)
(a)(1) An Alabama resident who is 19 years of age or more may apply to the sheriff of his or her county of residence for issuance or renewal of a concealed carry permit, valid for one year or five years.
(2) An Alabama resident who is 18 years of age or more and is a service member as defined in Section 35-10-70 or a retired or honorably discharged military veteran as defined in subsection (b) may apply to the sheriff of his or her county of residence for issuance or renewal of a concealed carry permit, valid for one year or five years.
(3)a. Except as provided in paragraph b., an Alabama resident who possesses a valid concealed carry permit may apply to the sheriff of his or her county of residence for issuance of a lifetime carry permit.
b. A sheriff may require an applicant for a lifetime carry permit to possess a valid concealed carry permit for not more than five consecutive years prior to approving the application for issuance of the permit. A sheriff’s determination under this paragraph shall not be subject to any appeal or review under subsection (j).
(b)(1) Upon receipt of an application for a concealed carry permit, the sheriff shall complete a criminal background check through the National Instant Criminal Background Check System (NICS) and review the state firearms prohibited person database.
(2) The sheriff shall also review any other available local, state, and federal criminal history databases to determine whether possession of a pistol or firearm by an applicant would be a violation of state or federal law.
(3) Upon application by an individual who is not a United States citizen, the sheriff shall conduct an Immigration Alien Query through U.S. Immigration and Customs Enforcement, or any successor agency, and the application form shall require information relating to the applicant’s country of citizenship, place of birth, and any alien or admission number issued by U.S. Immigration and Customs Enforcement, or any successor agency. The sheriff shall review the results of these inquiries before making a determination of whether to issue a permit or renew a permit. An individual who is unlawfully present in this state may not be issued a permit under this section.
(c) Within 30 days from receipt of a completed application, a sheriff shall approve or deny the application. In making a determination whether to approve or deny the issuance or renewal of a permit, the sheriff shall consider whether the applicant:
(1) Was found guilty but mentally ill in a criminal case.
(2) Was found not guilty in a criminal case by reason of insanity or mental disease or defect.
(3) Was declared incompetent to stand trial in a criminal case.
(4) Asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect.
(5) Was found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice.
(6) Required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility.
(7) Required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the individual is an imminent danger to himself or herself or to others.
(8) Required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason, including drug use.
(9) Is or was the subject of a prosecution or of a commitment or incompetency proceeding that could lead to a prohibition on the receipt or possession of a firearm under the laws of Alabama or the United States.
(10) Falsified any portion of the permit application.
(11) Caused or causes justifiable concern for public safety.
(d)(1) If the sheriff determines that any of the factors in subsection (c) apply to the applicant, or that the criminal background check under subsection (b) returned any result showing that the applicant is prohibited from the possession of a pistol or firearm pursuant to state or federal law, the sheriff shall deny the application.
(2) If the sheriff cannot determine whether or not a factor listed in subsection (c) applies to the applicant, the sheriff may request additional information from the applicant.
(3)a. Upon the denial by a sheriff of an application for a concealed carry permit, the sheriff shall immediately give a written notice to the applicant giving the specific reason or reasons for denial, the date of completion of the background check, and the name and signature of the sheriff whose office conducted the background check.
b. If the sheriff denies an application due to a determination that the issuance or renewal of a permit to an individual would cause or causes justifiable concern for public safety, the sheriff shall clearly articulate the reasoning behind that determination within the written notice.
(4) The sheriff shall notify the Alabama State Law Enforcement Agency of a denial of an application for a permit in a manner as prescribed by the commission for entry into the state firearms prohibited person database if the reason for that denial was due to the applicant being ineligible to possess a firearm under state or federal law.
(5) Upon receiving notice of a denial of an application for a concealed carry permit due to the applicant being prohibited from possessing a firearm under state or federal law, or a conviction or court order that would prohibit that individual from possessing a pistol or firearm under state or federal law, the Alabama State Law Enforcement Agency shall enter the information into the state firearms prohibited person database and ensure that a “Firearms Prohibited Person” notice is viewable by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.
(e)(1) If the sheriff determines that the applicant is not prohibited from the possession of a pistol or firearm under state or federal law and that the applicant should not otherwise be denied a concealed carry permit pursuant to this section, the sheriff, upon receipt of the appropriate fee as provided in subsection (f), shall approve the application.
(2)a. Immediately upon approval of an application for a concealed carry permit, the sheriff shall issue the applicant a secure permit card to carry a pistol in a vehicle or concealed on or about his or her person within this state, valid for a term of one year, five years, or the permit holder’s lifetime, as indicated within the approved application.
b. If the sheriff is unable to produce a hard copy secure permit card at the time of approval, the sheriff shall issue the applicant a temporary paper permit, valid for 30 days following the date of issuance. The sheriff shall produce and mail to the applicant a hard copy secure permit card within 15 days of issuing the temporary paper permit.
(f)(1) Notwithstanding any provision of law to the contrary:
a. The fee for a concealed carry permit for a term of one year or five years shall be the same as currently provided by local law for that county, and the resulting funds shall be distributed as currently provided by local law.
b. If there is no local law setting the fee for a one-year permit, the fee shall be twenty-five dollars ($25), and the funds shall be distributed to the sheriff. If there is no local law setting the fee for a five-year permit, the fee shall be one hundred twenty-five dollars ($125), and the funds shall be distributed to the sheriff.
c. A sheriff shall charge no fee for issuing or renewing a permit to a service member, a retired or honorably discharged military veteran, a law enforcement officer as defined by Section 36-30-20, or an honorably retired law enforcement officer eligible for a card under Section 36-21-9.
(2)a. The fee for a lifetime concealed carry permit shall be three hundred dollars ($300). If an individual applies for a lifetime carry permit within one year after the expiration date of an otherwise valid pistol permit possessed by that individual, or the expiration of any extended renewal period offered by the sheriff, whichever is later, the fee for the lifetime carry permit shall be reduced by an amount equal to the fee paid for the expired permit at the time that expired permit was issued.
b. Notwithstanding paragraph a., the fee for a lifetime concealed carry permit shall be one hundred fifty dollars ($150) if the applicant is 60 years of age or older at the time of application.
c. A sheriff shall charge no fee for issuing or renewing a lifetime carry permit to a service member, a retired or honorably discharged military veteran, a law enforcement officer as defined by Section 36-30-20, or an honorably retired law enforcement officer eligible for a card under Section 36-21-9.
(3)a. Eighty percent of the fees for a lifetime carry permit shall be distributed to the sheriff of the county of residence of the applicant, to be used for the administration of the concealed carry permit application process and other law enforcement purposes. The remaining 20 percent shall be distributed to the Alabama State Law Enforcement Agency, to be used for the administration of the state firearms prohibited person database and for other law enforcement purposes.
b. Notwithstanding paragraph a., beginning October 1, 2024, the agency may use these funds only for the administration of the state firearms prohibited person database.
(4) Each sheriff shall ensure that all fees set forth within this section are properly distributed pursuant to this section on a quarterly basis.
(5) Each sheriff shall prepare a report on the number of permits issued and renewed within the county, and shall include a detailed accounting of fees and their distribution. A sheriff, upon request, shall provide a copy of this report to the Alabama State Law Enforcement Agency or the Legislative Services Agency.
(g)(1) A permittee who changes his or her permanent address shall report that change of address to the sheriff of the county of his or her new residence within 30 days. Failure by an individual with a valid concealed carry permit or lifetime carry permit to report the change of address as directed by this subdivision shall result in the permit being subject to revocation.
(2) A permittee who loses the physical permit or who has his or her physical permit stolen shall report that lost or stolen permit to the sheriff of the county of his or her residence within 30 days.
(3) If a permittee changes his or her permanent address, loses his or her concealed carry permit, has his or her concealed carry permit stolen, or desires to replace a damaged concealed carry permit, and requests a new physical permit prior to the expiration date of the concealed carry permit, upon receipt of request and a fee not to exceed twenty-five dollars ($25), the sheriff of the county of residence shall issue a permit in the same manner as provided in subdivision (e)(2).
(h) At least once every five years from the date of issuance, each sheriff shall conduct a background check on each individual with a lifetime carry permit issued within his or her county in the same manner as provided in subsection (b), to ensure that the individual has not been convicted of any crime which would prohibit that individual from purchasing or possessing a pistol or firearm under state or federal law and that the individual has otherwise remained eligible for a permit based upon the factors provided in subsection (c).
(i)(1)a. At any point after an individual is issued a concealed carry permit or lifetime carry permit, and so long as the permit is valid, if the Alabama State Law Enforcement Agency, a law enforcement officer, or a court becomes aware that the individual has become prohibited from possessing a pistol or firearm under state or federal law, or otherwise concludes that the individual should not possess a permit based on the factors provided for issuance under subsection (c), the agency, officer, or court shall immediately notify the sheriff of the county of residence of the individual. The agency, officer, or court shall furnish relevant evidence along with the notice.
b. If the sheriff of the county of residence of a permittee becomes aware that a permittee is prohibited from purchasing or possessing a pistol or firearm under federal or state law, or otherwise concludes that the permittee should not possess a concealed carry or lifetime carry permit based on the factors provided for issuance under subsection (c), the sheriff shall revoke the permit.
c. Immediately upon revocation of a permit, the sheriff shall send notice of that revocation to the individual whose permit was revoked. The notice delivered to the individual shall be in written form, but an additional copy may also be delivered in an electronic form. The notice shall include all of the following:
The name of the individual whose permit has been revoked.
The specific reason for revocation of the permit, including citation to relevant law.
The date of conviction or other event on which the revocation is based, if applicable.
Information on how the individual may appeal the revocation.
(2) If the revocation was due to the permittee being prohibited from possessing a firearm under federal or state law, the sheriff shall send notice to the Alabama State Law Enforcement Agency, in a form prescribed by the commission, for entry into the state firearms prohibited person database. Upon receipt of a notice of revocation, the Alabama State Law Enforcement Agency shall update the state firearms prohibited person database to reflect that revocation and shall also enter a “Firearms Prohibited Person” notice into the state firearms prohibited person database in the same manner as provided under subdivision (d)(5).
(3) Upon revocation of a permit, the sheriff of the county of residence of the permittee or any other law enforcement officer with a reasonable opportunity shall make reasonable efforts to confiscate the permit card.
(j)(1) An individual who has been denied a permit under subsection (d), an individual whose permit has been revoked under subsections (g) or (i), or any individual who is listed on the state firearms prohibited person database may appeal the denial, revocation, or database entry to the district court of the county where the individual resides. During the court’s review of the decision, the sheriff of the county of residence of the individual shall have the burden of proving by clear and convincing evidence that possession of a pistol or firearm by the individual would be in violation of state or federal law or that the individual otherwise should not possess a permit based on the factors provided for issuance under subsection (c).
(2) A court hearing an appeal under this subsection shall issue a written determination within 30 days providing the reasoning for the determination, as well as any facts or evidence upon which the determination was based. The court shall deliver written copies of this determination to the individual, the sheriff of the county of residence of the individual, and the Alabama State Law Enforcement Agency.
(3) A court hearing an appeal under this subsection may waive court costs for the appeal if the court concludes that the appellant demonstrated a reasonable belief that he or she should not be listed on the firearms prohibited person database or that the denial or revocation was improper.
(4)a. Within three days of receiving a notice of a court determination that the revocation or denial of a permit was improper, the sheriff shall issue or reissue a physical permit to the applicant in the same manner as provided in subdivision (e)(2).
b. Within three days of receiving a notice of a court determination that the listing of an individual on the database was improper, the sheriff shall ensure that the results of the appeal are sent to the Alabama State Law Enforcement Agency for entry in the state firearms prohibited person database.
(k) The name, address, signature, photograph, and any other personally identifying information collected from an applicant or permittee under this section shall be kept confidential, shall be exempt from disclosure under Section 36-12-40, and may only be used for law enforcement purposes except when a current permittee is charged in any state with a felony involving the use of a pistol. All other information on permits under this section, including information concerning the annual number of applicants, number of permits issued, number of permits denied or revoked, revenue from issuance of permits, and any other fiscal or statistical data otherwise, shall remain public writings subject to public disclosure. Except as provided above, the sheriff of a county and the Alabama State Law Enforcement Agency shall redact the name, address, signature, photograph, and any other personally identifying information of a permit holder before releasing a copy of a permit for a non-law enforcement purpose. The sheriff or the agency may charge one dollar ($1) per copy of any redacted permit record requested other than when requested for law enforcement purposes. To knowingly publish or release to the public in any form any information or records related to the licensing process, or the current validity of any permit, except as authorized in this subsection or in response to a court order or subpoena, is a violation of Act 2021-246 subject to misuse penalties established by rule of the commission.
(l) A concealed carry permit issued under this section shall be valid for the carrying of a pistol in a motor vehicle or concealed on the permittee’s person throughout the state, unless prohibited by this section.
(m) This section shall not be construed to limit or place any conditions upon an individual’s right to carry a pistol that is not in a motor vehicle or not concealed.
(n)(1) If a permittee establishes residence in another state, his or her permit shall expire upon the establishment of residence in the other state.
(2)a. Notwithstanding subdivision (1), if a service member possesses a lifetime concealed carry permit and establishes residence in another state, the permit shall expire upon the establishment of residence in the other state.
b. Notwithstanding paragraph a., if the service member’s establishment of residence in the other state was a result of relocation related to the military service of that service member, and that service member thereafter re-establishes residence in Alabama, the sheriff of the county of residence, upon request of the service member, shall reinstate the lifetime concealed carry permit of that service member.
(o) Any individual who knowingly or intentionally makes a false statement while applying for a permit or appealing the denial or revocation or database listing under this section shall be guilty of a Class C misdemeanor.
(p) Nothing in this section shall be construed to permit a sheriff, the Alabama State Law Enforcement Agency, or a court to disregard any federal law or regulation pertaining to the purchase or possession of a pistol or firearm.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §177; Acts 1947, No. 616, p. 463, §5; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-155; Act 2006-551, p. 1268, §1; Act 2009-711, p. 2093, §1; Act 2013-283, p. 938, §2; Act 2018-400, §1; Act 2019-440, §1; Act 2021-246, §3.)
[Repealed]
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-246
(Act 2016-342, p. 846, §1; Act 2016-453, 1st Sp. Sess., p. 1234, §1; Act 2019-525, §1; Act 2021-246, §6.)
(a) Except as provided in subsection (b), no person shall deliver a pistol to any person who he or she has reasonable cause to believe is a minor, except under the circumstances provided in Section 13A-11-72, a drug addict, or an habitual drunkard, has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, a violent offense as listed in Section 12-25-32(15), or anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind.
(b) A person may deliver a pistol to a person otherwise prohibited from receiving a pistol under subsection (a), if the person has had his or her firearm rights restored by operation of law or legal process.
(c) For the purposes of this section, the terms “convicted,” “misdemeanor offense of domestic violence,” “valid protection order,” and “unsound mind” shall have the same meanings as provided in Section 13A-11-72.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §178; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-156; Act 2015-341, §1.)
[Repealed]
Repealed by Act 2000-762, §2, 2000 Regular Session, effective August 1, 2000.
(Acts 1936-37, Ex. Sess., No. 190, p. 223; Code 1940, T. 14, §179; Acts 1947, No. 616, p. 463, §6; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-157.)
No retail dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pistol without being licensed as hereinafter provided.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §180; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-158.)
(a) The duly constituted licensing authorities of any city, town or political subdivision of this state may grant licenses in forms prescribed by the secretary of state, effective for not more than one year from date of issue, permitting the licensee to sell pistols at retail within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this division. The business shall be carried on only in the building designated in the license. The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read. The fee for issuing the license shall be $.50, which fee shall be paid into the State Treasury.
(b) All records of pistol, revolver, or maxim silencer sales that are maintained or in the custody of dealers, the chief of police, the sheriff, or the Secretary of State pursuant to this section or Section 40-12-143, including any records or databases compiled as a result of or based on the records or information so maintained or received, shall be permanently removed and destroyed without reproduction of the removed documents no later than February 28, 2016. This section does not apply to any record necessary for an active investigation or ongoing prosecution.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §181; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-159; Act 2015-341, §1.)
No person shall make any loan secured by a mortgage, deposit or pledge of a pistol contrary to this division, nor shall any person lend or give a pistol to another or otherwise deliver a pistol contrary to the provisions of this division.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §182; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-160.)
No person shall, in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same, give false information or offer false evidence of his identity.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §183; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-161.)
(a) For the purposes of this section, the term “machine gun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(b) A person who possesses, obtains, receives, sells, or uses a part or combination of parts designed and intended to convert a pistol into a machine gun is guilty of a Class C felony.
(c) This section does not apply to any of the following:
(1) A state or local law enforcement officer while acting in an official capacity.
(2) A person who owns or has in his or her possession, control, care, or custody a firearm, part, or combination of parts that are registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or is otherwise not subject to that registration requirement.
(3) Any part, combination of parts, or device designed or intended to increase a pistol’s rate of fire but which does not enable a semiautomatic pistol to fire more than two shots, without manual reloading, by a single function of the trigger.
(Act 2025-54, §1.)
This division shall not apply to the purchase, possession or sale of pistols as curiosities or ornaments or to the transportation of such pistols unloaded and in a bag, box or securely wrapped package, but not concealed on the person.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §185; Acts 1947, No. 616, p. 463, §7; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-163.)
(a) Every violation of subsection (a) of Section 13A-11-72 or Section 13A-11-81 shall be a Class C felony. Every violation of subsection (b) of Section 13A-11-72 or Sections 13A-11-73, 13A-11-74, 13A-11-76, and 13A-11-77 through 13A-11-80 shall be a Class A misdemeanor. The punishment for violating Section 13A-11-78 or 13A-11-79 may include revocation of license.
(b) It shall be the duty of any sheriff, policeman, or other peace officer of the State of Alabama, arresting any person charged with violating Sections 13A-11-71 through 13A-11-73, or any one or more of those sections, to seize the pistol or pistols in the possession or under the control of the person or persons charged with violating the section or sections, and to deliver the pistol or pistols to one of the following named persons: if a municipal officer makes the arrest, to the city clerk or custodian of stolen property of the municipality employing the arresting officer; if a county, state, or other peace officer makes the arrest, to the sheriff of the county in which the arrest is made. The person receiving the pistol or pistols from the arresting officer shall keep it in a safe place in as good condition as received until disposed of as hereinafter provided. Within five days after the final conviction of any person arrested for violating any of the above-numbered sections, the person receiving possession of the pistol or pistols, seized as provided in this section, shall report the seizure and detention of the pistol or pistols to the district attorney within the county where the pistol or pistols are seized, giving a full description thereof, the number, make and model thereof, the name of the person in whose possession it was found when seized, the person making claim to same or any interest therein, if the name can be ascertained or is known, and the date of the seizure. Upon receipt of the report from the person receiving possession of the pistol or pistols, it shall be the duty of the district attorney within the county wherein the pistol or pistols were seized to forthwith file a complaint in the circuit court of the proper county, praying that the seized pistol or pistols be declared contraband, be forfeited to the state and be destroyed. Any person, firm or corporation or association of persons in whose possession the pistol or pistols may be seized or who claim to own the same or any interest therein shall be made a party defendant to the complaint, and thereupon the matter shall proceed and be determined in the circuit court of the proper county in the same form and manner, as near as may be, as in the forfeiture and destruction of gaming devices, except as otherwise provided. When any judgment of condemnation and forfeiture is made in any case filed under this section, the judge making the judgment shall direct the destruction of the pistol or pistols by the person receiving possession of the pistol or pistols from the arresting officer in the presence of the clerk or register of the court, unless the judge is of the opinion that the nondestruction thereof is necessary or proper in the ends of justice, in which event and upon recommendation of the district attorney, the judge shall award the pistol or pistols to the sheriff of the county or to the chief of police of the municipality to be used exclusively by the sheriff or the chief of police in the enforcement of law, and the sheriff of the county and the chiefs of police of the municipalities shall keep a permanent record of all pistols awarded to them as provided for in this section, to be accounted for as other public property, and the order, in the event that no appeal is taken within 15 days from the rendition thereof, shall be carried out and executed before the expiration of 20 days from the date of the judgment. The court may direct in the judgment that the costs of the proceedings be paid by the person in whose possession the pistol or pistols were found when seized, or by any party or parties who claim to own the pistol or pistols, or any interest therein, and who contested the condemnation and forfeiture thereof.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §186; Acts 1947, No. 616, p. 463, §8; Acts 1951, No. 784, p. 1378; Acts 1967, No. 505, p. 1218; Code 1975, §13-6-164; Act 2015-341, §1.)
(a) A person licensed to carry a handgun in any state shall be authorized to carry a handgun in this state. This section shall apply to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state shall carry the handgun in compliance with the laws of this state. The issuance of a permit to carry a pistol pursuant to Section 13A-11-75 or the recognition of a nonresident license under this section does not impose a general prohibition on the carrying of a pistol without a permit.
(b) The Attorney General may enter into reciprocal agreements with other states for the mutual recognition of licenses to carry handguns and shall periodically publish a list of states which recognize licenses issued pursuant to Section 13A-11-75.
(Act 2001-494, p. 862, §1; Act 2013-283, p. 938, §2; Act 2022-133, §1.)
(a) Except as provided in subdivision (b), a public or private employer may restrict or prohibit its employees, including those with a permit issued or recognized under Section 13A-11-75, from carrying firearms while on the employer’s property or while engaged in the duties of the person’s employment.
(b)(1) A public or private employer may not restrict or prohibit the transportation or storage of a lawfully possessed pistol or ammunition for that pistol in an employee’s privately owned motor vehicle while parked or operated in a public or private parking area; provided, that the employee satisfies all of the following conditions:
a. The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
b. The pistol is either of the following:
In a motor vehicle attended by the employee, kept from ordinary observation within the person’s motor vehicle.
In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the person’s privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.
(2) A public or private employer may not restrict or prohibit the transportation or storage of a lawfully possessed firearm legal for use for hunting in Alabama other than a pistol, or ammunition for that firearm, in an employee’s privately owned motor vehicle while parked or operated in a public or private parking area if the employee satisfies all of the following:
a. The employee possesses a valid Alabama hunting license.
b. The weapon is unloaded at all times on the property.
c. It is during a season in which hunting is permitted by Alabama law or regulation.
d. The employee has never been convicted of any crime of violence as that term is defined in Section 13A-11-70, nor of any crime set forth in Chapter 6, nor is subject to a domestic violence protection order, as that term is defined in Section 13A-6-141.
e. The employee has no documented prior workplace incidents involving the threat of physical injury or which resulted in physical injury.
f. The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
g. The firearm is either of the following:
In a motor vehicle attended by the employee, kept from ordinary observation within the person’s motor vehicle.
In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the person’s privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.
(c) If an employer believes that an employee presents a risk of harm to himself, herself, or to others, the employer may inquire as to whether the employee possesses a firearm in his or her private motor vehicle. If the employee does possess a firearm in his or her private motor vehicle on the property of the employer, the employer may make any inquiry necessary to establish that the employee is in compliance with subsection (b).
(1) If the employee is not in compliance with subsection (b), the employer may take adverse employment action against the employee, in the discretion of the employer.
(2) If the employee has been in compliance with subsection (b) at all times, the employer may not take adverse employment action against the employee based solely on the presence of the firearm.
(d) If an employer discovers by other means that an employee is transporting or storing a firearm in his or her private motor vehicle, the employer may not take any adverse employment action against the employee based solely on the possession of that firearm if the employee has complied with the requirements in subsection (b).
(e) Nothing in this section shall prohibit an employer from reporting to law enforcement a complaint based upon information and belief that there is credible evidence of any of the following:
(1) That the employee’s motor vehicle contains:
a. A firearm prohibited by state or federal law.
b. Stolen property or a prohibited or illegal item other than a firearm.
(2) A threat made by an employee to cause bodily harm to themselves or others.
(f) If a law enforcement officer, pursuant to a valid search warrant or valid warrantless search based upon probable cause, exigent circumstances, or other lawful exception to the search warrant requirement, discovers a firearm prohibited by state or federal law, stolen property, or a prohibited or illegal item other than a firearm, the employer may take adverse employment action against the employee.
(g) Notwithstanding subsection (f), if the employee has fully complied with the requirements of subsection (b) and does not possess a firearm prohibited by state or federal law, that employee is entitled to recovery as specified in this subsection for any adverse employment action against the employee. If demand for the recovery has not been satisfied within 45 calendar days, the employee may file a civil action in the appropriate court of this state against the public or private employer. A plaintiff is entitled to seek an award of all of the following:
(1) Compensation, if applicable, for lost wages or benefits.
(2) Compensation, if applicable, for other lost remuneration caused by the termination, demotion, or other adverse action.
(h) The license requirements set forth in subdivision (b)(1) are for the purposes of this section only in order to determine whether an employee may transport or store a lawfully possessed firearm or ammunition in an employee’s privately owned motor vehicle while parked or operated in a public or private parking area owned by the employer and shall not be construed to otherwise expand the requirements for the lawful possession of a firearm. These requirements shall not be interpreted to mean that the laws of the State of Alabama create any new connection between the possession of a hunting license and the right of a citizen to keep and bear arms.
(i) Prohibitions regarding the carrying of a firearm under this section shall not apply to law enforcement officers engaged in the lawful execution of their official duties.
(j) Nothing in this section shall be construed to authorize the transportation, carrying, storing, or possession of a firearm or ammunition where prohibited by federal law.
(Act 2013-283, p. 938, §4; Act 2022-133, §1.)
(a) Except as provided in subsection (g) of Section 13A-11-90, an employer and the owner and/or lawful possessor of the property on which the employer is situated shall be absolutely immune from any claim, cause of action or lawsuit that may be brought by any person seeking any form of damages that are alleged to arise, directly or indirectly, as a result of any firearm brought onto the property of the employer, owner, or lawful possessor by an employee, including a firearm that is transported in an employee’s privately owned motor vehicle.
(b) The presence of a firearm or ammunition on an employer’s property under the authority of Act 2013-283 does not, by itself, constitute the failure by the employer to provide a safe workplace.
(c) For the purposes of Act 2013-283, a public or private employer, or the employer’s principal, officer, director, employee, or agent, does not have a duty:
(1) To patrol, inspect, or secure:
a. Any parking lot, parking garage, or other parking area the employer provides for employees; or
b. Any privately owned motor vehicle located in a parking lot, parking garage, or other parking area the employer provides for employees; or
(2) To investigate, confirm, or determine an employee’s compliance with laws related to the ownership or possession of a firearm or ammunition or the transportation and storage of a firearm or ammunition.
(d) Nothing in this section shall be construed to provide immunity from liability to an employer, business entity, or property owner for his or her own affirmative wrongful acts that cause harm, damage, or injury to another.
(e) The denial by a court of a Motion to Dismiss based on immunity grounds shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order of the action. Such appeal may only be filed within 42 days of the order denying the Motion to Dismiss. The filing of such appeal, the failure to file an appeal, or the affirmance of the denial of the Motion to Dismiss shall in no way affect the right of the defendant, after entry of judgment, to appeal the denial of immunity. During the pendency of such appeal, the action in the trial court shall be stayed in all respects.
(f) Nothing in Act 2013-283 is intended to expand or limit the rights an employer or employee currently has under Chapter 5 of Title 25.
(Act 2013-283, p. 938, §5.)
(a) Notwithstanding any provision of state law to the contrary, the governing body of each two-year or four-year institution of higher education may adopt policies governing the possession of firearms or other weapons on grounds owned or controlled by the institution. The governing body may not adopt a policy in conflict with federal law.
(b) A policy adopted under subsection (a) shall allow for individuals not otherwise prohibited from possession of a firearm by state or federal law to possess a firearm and ammunition for that firearm in the individual’s privately owned motor vehicle while parked or operated on the grounds of the institution; provided, that the individual satisfies all of the following conditions:
(1) If the firearm is a pistol, the individual is not generally prohibited from possession of a pistol by state or federal law.
(2) If the firearm is any firearm legal for use for hunting in Alabama other than a pistol:
a. The individual possesses a valid Alabama hunting license.
b. The firearm is unloaded at all times on the grounds.
c. It is during a season in which hunting is permitted by Alabama law or regulation.
d. The individual has never been convicted of any crime of violence as that term is defined in Section 13A-11-70, nor of any crime set forth in Chapter 6 of Title 13A, nor is subject to a domestic violence protection order, as that term is defined in Section 13A-6-141.
e. The individual has no documented prior incidents on the grounds of the institution involving the threat of physical injury or which resulted in physical injury to another.
(3) The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
(4) The firearm is either of the following:
a. In a motor vehicle attended by the individual, kept from ordinary observation within the individual’s motor vehicle.
b. In a motor vehicle unattended by the individual, kept from ordinary observation and locked within a compartment, container, or in the interior of the individual’s privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.
(c) It is the intent of the Legislature that constitutionally created boards of trustees of institutions of higher education comply with this section.
(Act 2022-133, §8.)
Any person who knowingly possesses a pistol or firearm concealed on or about his or her person or in a vehicle occupied by the person, and who is asked by a law enforcement officer operating in the line or scope of his or her official duties whether he or she is armed with a concealed pistol or firearm, shall immediately inform the law enforcement officer that the person is in possession of a pistol or firearm.
(Act 2022-133, §3.)
(a) A person who is the driver or occupant of any motor vehicle that is stopped as a result of a traffic stop or as a result of a stop for another law enforcement purpose and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle shall not knowingly touch the handgun with his or her hands or fingers at any time after a person known to be a law enforcement officer begins approaching and before the law enforcement officer terminates contact with the person, unless the person has contact with the loaded handgun pursuant to, and in accordance with, directions given by the law enforcement officer.
(b) A violation of this section is a Class A misdemeanor.
(Act 2022-133, §4.)
(a) If at any time during an investigation a law enforcement officer acting in the lawful discharge of the officer’s official duties has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, or the officer determines that a reasonable person would believe that it is necessary for the protection of the officer, individual, or any other individual, the officer may temporarily take into custody the firearm that could be used to engage in criminal conduct or to cause harm to the officer, individual, or any other individual.
(b) While the firearm is in the law enforcement officer’s possession, and if the officer has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, the law enforcement officer may conduct a search of any available local, state, or federal criminal history and weapons databases to determine whether the individual is prohibited from possessing the firearm or whether the firearm should not be returned to the individual pursuant to state or federal law.
(c) The law enforcement officer shall return the firearm to the individual before discharging the individual from the scene if the officer determines that both of the following are fulfilled:
(1) The individual is not an immediate threat to the officer, individual, or any other individual.
(2) The individual has not committed a violation that results in the arrest of the individual.
(Act 2022-133, §5.)
Act 2022-133 shall not be construed to diminish or otherwise limit the power of a law enforcement officer under existing law to detain, investigate, or arrest a person for a violation of law.
(Act 2022-133, §10.)
[Repealed]
Repealed by Acts 1981, No. 81-409.
[Repealed]
Repealed by Acts 1981, No. 81-409.
[Repealed]
Repealed by Acts 1981, No. 81-409.
[Repealed]
Repealed by Acts 1981, No. 81-409.
[Repealed]
Repealed by Acts 1981, No. 81-409.
[Repealed]
Repealed by Acts 1981, No. 81-409.
(a) A person commits the crime of commercial bribery if he:
(1) Confers, or agrees or offers to confer, any benefit upon any employee or agent without the consent of the latter’s employer or principal, with intent to improperly influence his conduct in relation to his employer’s or principal’s affairs; or
(2) Confers, or agrees or offers to confer, any benefit upon any fiduciary without the consent of the latter’s beneficiary, with intent to improperly influence him to act or conduct himself contrary to his fiduciary obligation.
(b) Commercial bribery is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4201.)
(a) A person commits the crime of receiving a commercial bribe if:
(1) As an employee or agent, and without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will improperly influence his conduct in relation to his employer’s or principal’s affairs; or
(2) As a hiring agent or an official or employee in charge of employment, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that someone shall be hired, retained in employment or discharged or suspended from employment; or
(3) As a fiduciary, and without the consent of his beneficiary, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will improperly influence his conduct in his fiduciary capacity.
(b) Subdivision (a)(2) of this section does not apply to any person conducting a private employment agency licensed and operating under the laws of Alabama.
(c) Receiving a commercial bribe is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4205.)
Two or more persons who, without a just cause or legal excuse for so doing, enter into any combination, conspiracy, agreement, arrangement or understanding for the purpose of hindering, delaying or preventing any other persons, firms, corporation or association of persons from carrying on any lawful business shall be guilty of a misdemeanor.
(Acts 1921, Ex. Sess., No. 23, p. 31; Code 1923, §3447; Code 1940, T. 14, §54; Code 1975, §13-6-60.)
Any person, firm, corporation or association of persons who maintains what is commonly called a blacklist or notifies any other person, firm, corporation or association that any person has been blacklisted by such person, firm, corporation or association or who uses any other similar means to prevent any person from receiving employment from whomsoever he desires to be employed by shall be guilty of a misdemeanor.
(Acts 1921, Ex. Sess., No. 23, p. 31; Code 1923, §3451; Code 1940, T. 14, §58; Code 1975, §13-6-62.)
Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining compensation, as defined in Section 25-5-1(1), as amended, for himself or herself or any other person is guilty of a Class C felony.
(Acts 1994, No. 94-653, §1.)
The following definitions apply to Sections 13A-11-140 through 13A-11-143:
(1) SPORTS CONTEST. Any professional or amateur sport, athletic game or contest, or race or contest involving machines, persons or animals, viewed by the public, and for which admission is charged.
(2) SPORTS PARTICIPANT. Any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team.
(3) SPORTS OFFICIAL. Any person who acts or expects to act in a sports contest as an umpire, referee or judge, or otherwise to officiate at a sports contest.
(Acts 1977, No. 607, p. 812, §4210.)
(a) A person commits the crime of sports bribery if he:
(1) Confers, or offers or agrees to confer any benefit upon a sports participant with intent to influence him not to give his best efforts in a sports contest; or
(2) Confers, or offers or agrees to confer any benefit upon a sports official in return for an agreement from him to perform his duties improperly.
(b) Sports bribery is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4211; Acts 1979, No. 79-471, p. 862, §1.)
(a) A person commits the crime of receiving a sports bribe if:
(1) Being a sports participant, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will thereby be influenced not to give his best efforts in a sports contest; or
(2) Being a sports official, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will perform his duties improperly.
(b) Receiving a sports bribe is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4212.)
(a) A person commits the crime of tampering with a sports contest if, with intent to influence the outcome of a sports contest, he:
(1) Tampers with any sports participant or sports official, or with any animal, equipment or other thing involved in the conduct or operation of a sports contest, in a manner contrary to the rules and usages purporting to govern the sports contest in question; or
(2) Substitutes a sports participant, animal, equipment or other thing involved in the conduct or operation of a sports contest, for the genuine person, animal or thing.
(b) Tampering with a sports contest is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §4215.)
(a) For purposes of this section, a “sports official” is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A “sports event” includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the state.
(b) A person commits the crime of harassment of a sports official if he or she commits the crime of harassment as provided for by Section 13A-11-8, and the victim is a sports official performing official duties and the harassment is a result of the official performing his or her official duties. Harassment of a sports official is a Class B misdemeanor.
(c) A person commits the crime of menacing a sports official if he or she commits the crime of menacing as provided for by Section 13A-6-23, and the victim is a sports official performing official duties and the menacing is a result of the official performing his or her official duties. Menacing a sports official is a Class A misdemeanor.
(d) A person commits the crime of assault of a sports official in the third degree if he or she commits the crime of assault in the third degree as provided for by Section 13A-6-22, and the victim is a sports official performing official duties and the assault is a result of the official performing his or her official duties. Assault of a sports official in the third degree is a Class C felony.
(e) A person commits the crime of assault of a sports official in the second degree if he or she commits the crime of assault in the second degree as provided for by Section 13A-6-21, and the victim is a sports official performing official duties and the assault is a result of the official performing his or her official duties. Assault of a sports official in the second degree is a Class B felony.
(f) A person commits the crime of assault of a sports official in the first degree if he or she commits the crime of assault in the first degree as provided for by Section 13A-6-20, and the victim is a sports official performing official duties and the assault is a result of the official performing his or her official duties. Assault of a sports official in the first degree is a Class A felony.
(Act 2001-1099, 4th Sp. Sess., p. 1158, §§ 1, 2.)
The Legislature has found and determined that there has been an increasing number of illegal acts committed against animal research and production facilities involving injury to humans or animals, criminal trespass, and damage to property. These acts not only abridge the property rights of the owner of the facility, they also damage the public interest by jeopardizing crucial scientific, biomedical, or agricultural research or production. These actions can also threaten the public safety by exposing communities to serious public health concerns and may substantially disrupt or damage research.
Therefore, it is in the interest of the people of the State of Alabama to protect the welfare of humans and animals as well as productive use of public funds to prohibit unauthorized possession, alteration, or destruction of agricultural, educational, or research records, equipment, and animals.
(Acts 1993, No. 93-327, §1.)
This article may be known and cited as the “Farm Animal, Crop, and Research Facilities Protection Act.”
(Act 2002-505, p. 1307, §1.)
As used in this article, the following terms shall have the following meanings:
(1) ANIMAL. Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes.
(2) ANIMAL OR CROP FACILITY. Any facility engaging in scientific research, education, or agricultural production of or involving the use of animals or crops including any organization with the primary purpose of representing livestock or crop production or processing; any organization with a primary purpose of promoting or marketing livestock or crops; any organization with a primary purpose of promoting or marketing livestock or crop products or materials; any person licensed to practice veterinary medicine; any person licensed to apply chemical applications not limited to pesticides, insecticides, rodenticides, or herbicides; any organization with a primary purpose of representing any of the above; the owner, operator, and employees of any animal or crop facility; and any vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or premises where animals or crops are located.
(3) COMMISSIONER. The Commissioner of Agriculture and Industries for the State of Alabama.
(4) CROPS. Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock, floral products, or aesthetic beauty.
(5) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons.
(Act 2002-505, p. 1307, §2.)
It shall be unlawful for any person to do any of the following:
(1) Intentionally release, steal, destroy, demolish, obliterate, or otherwise cause loss of any animal or crop from an animal or crop facility without the consent of the owner.
(2) Damage, vandalize, or steal any property on or from an animal or crop facility.
(3) Obtain access to an animal or crop facility by false pretenses for the purpose of performing acts not authorized by that facility.
(4) Break and enter into any animal or crop facility with the intent to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, animals, or crops.
(5) Knowingly obtain control by theft or deception that is unauthorized, or to exert control that is unauthorized over any records, data, materials, equipment, animals, or crops of any animal or crop facility for the purpose of depriving the rightful owner or facility of records, materials, data, equipment, animals, or crops.
(6) Possess or use records, materials, data, equipment, crops, or animals in any way to copy or reproduce records or data of an animal or crop facility knowing or reasonably believing that the records, materials, data, equipment, crops, or animals have been obtained by theft or deception, or without authorization of the rightful owners or administrators of the animal or crop facility.
(7) Enter or remain on an animal or crop facility with the intent to commit an act prohibited under this section.
(Act 2002-505, p. 1307, §3.)
Any person who violates Section 13A-11-153 shall be guilty of a Class C felony if the loss is two hundred fifty dollars ($250) or more. Any person who violates Section 13A-11-153 shall be guilty of a Class A misdemeanor if the loss is less than two hundred fifty dollars ($250).
(Act 2002-505, p. 1307, §4.)
Any person convicted of a violation of this article shall also be required by the court to make restitution of two times the value of the animal or crop damaged, destroyed, or lost to the owner or operator of the animal or crop facility for any reasonable costs of replacing materials, data, equipment, animals, crops, and records that may have been damaged, destroyed, lost, or cannot be returned, and reasonable cost of repeating any experimentation that may have been interrupted or invalidated as a result of any violation of this article.
(Act 2002-505, p. 1307, §5.)
Notwithstanding any remedy available at law, any owner or operator of an animal or crop facility may apply to the circuit court of the county where the animal or crop facility is located for a temporary restraining order and an injunction to restrain any person, organization, or association from committing any violation of this article.
(Act 2002-505, p. 1307, §6.)
For purposes of enforcing this article, the commissioner may do all of the following:
(1) Investigate any offense under this article.
(2) Seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of any investigations.
(3) Coordinate any investigation, to the maximum extent practicable, with the investigations of any law enforcement agency of the United States, the state, or any local government.
(Act 2002-505, p. 1307, §7.)
This article shall not be construed to repeal any other criminal law except as expressly provided in this article. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall apply.
(Act 2002-505, p. 1307, §10.)
Any person who publishes a libel of another which may tend to provoke a breach of the peace shall be punished, on conviction, by fine and imprisonment in the county jail, or hard labor for the county; the fine not to exceed in any case $500.00 and the imprisonment or hard labor not to exceed six months.
(Code 1852, §13; Code 1867, §3553; Code 1876, §4106; Code 1886, §3771; Code 1896, §5063; Code 1907, §7338; Code 1923, §4921; Code 1940, T. 14, §347; Code 1975, §13-6-200.)
The publication of a fair and impartial report of the return of any indictment, the issuance of any warrant, the arrest of any person for any cause or the filing of any affidavit, pleading or other document in any criminal or civil proceeding in any court, or of a fair and impartial report of the contents thereof, or of any charge of crime made to any judicial officer or body, or of any report of any grand jury, or of any investigation made by any legislative committee, or other public body or officer, shall be privileged, unless it be proved that the same was published with actual malice, or that the defendant has refused or neglected to publish in the same manner in which the publication complained of appeared, a reasonable explanation or contradiction thereof by the plaintiff, or that the publisher has refused upon the written request of the plaintiff to publish the subsequent determination of such suit, action or investigation.
(Acts 1931, No. 640, p. 780; Code 1940, T. 14, §348; Code 1975, §13-6-201.)
An indictment for a libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment is founded; it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be proved on the trial.
(Code 1852, §582; Code 1867, §4132; Code 1876, §4805; Code 1886, §3772; Code 1896, §5064; Code 1907, §7339; Code 1923, §4922; Code 1940, T. 14, §349; Code 1975, §13-6-202.)
Any person who, with knowledge that a statement is false or with reckless disregard of whether the statement is false or not, publishes or otherwise disseminates any accusation against a private citizen, not currently holding or running for public office, which falsely and maliciously imports the commission by such person of a felony or any other indictable offense involving moral turpitude shall be guilty of a Class B misdemeanor.
(Code 1876, §4107; Code 1886, §3773; Code 1896, §5065; Code 1907, §7340; Code 1923, §4923; Code 1940, T. 14, §350; Code 1975, §13-6-203; Act 2016-371, §1.)
The printer or proprietor of any newspaper, handbill, advertisement or libel, the publication of which is punishable under this article, who refuses, when summoned, to appear and testify before either the grand or petit jury respecting the publication of such newspaper, handbill, advertisement or libel (not having a good excuse, to be determined by the court), is guilty of a contempt and also of a misdemeanor, and, on conviction of such misdemeanor, shall be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months.
(Code 1852, §14; Code 1867, §3554; Code 1876, §4108; Code 1886, §3774; Code 1896, §5066; Code 1907, §7341; Code 1923, §4924; Code 1940, T. 14, §351; Code 1975, §13-6-204.)
The words “resides” or “residing,” as used in this article, shall mean any person who remains within any county in the state for a period of more than 24 hours and maintains or uses sleeping quarters anywhere within the county.
(Acts 1966, Ex. Sess., No. 421, p. 565, §1; Code 1975, §13-10-1.)
It shall be the duty of any person who has been convicted more than twice of a felony under the laws of any state or the United States, who has not been restored to his civil rights by competent legal authority, and who resides within any county in the State of Alabama, to register within 24 hours after his arrival in the county, in a book of registration to be kept at the county courthouse, under the supervision of the county sheriff. Such person shall make a sworn statement upon blanks to be furnished by the sheriff, stating each offense for which he has been convicted, the time and place of conviction and his address while residing in the county.
(Acts 1966, Ex. Sess., No. 421, p. 565, §2; Code 1975, §13-10-2.)
Upon registration and the filing of the affidavit, as provided in Section 13A-11-181, the sheriff or one of his deputies shall give to such person a registration card, showing the name of such person, his address in the county and the date of registration. Such card shall be signed by the sheriff or one of his deputies. It shall be unlawful for anyone who is required to register under the provisions of this article to be within any county in the state without having in his immediate possession a registration card as provided herein. It shall be the duty of such person to carry the card with him at all times while he is within the county and to exhibit the same to any officer of a municipality, a county or the state upon request.
(Acts 1966, Ex. Sess., No. 421, p. 565, §3; Code 1975, §13-10-3.)
It shall be the duty of any person who has registered pursuant to this article and who changes his address or place of residence in the county, to inform the sheriff of such change within 24 hours after the same has been made, which shall be noted in the aforesaid book of registration and also on the registration card.
(Acts 1966, Ex. Sess., No. 421, p. 565, §4; Code 1975, §13-10-4.)
The provisions of this article shall not apply to any person residing in any county in the state on September 12, 1966, who has not been convicted of or served time for a felony within the five years next preceding such date.
(Acts 1966, Ex. Sess., No. 421, p. 565, §6; Code 1975, §13-10-5.)
No person except the sheriff and the deputy sheriffs of the county shall have access to or be permitted to examine the registration book or the sworn statement provided for in this article.
(Acts 1966, Ex. Sess., No. 421, p. 565, §7; Code 1975, §13-10-6.)
It shall be unlawful for any person subject to the provisions of this article to fail or refuse to comply with any of the provisions hereof within the time prescribed. Any person violating any provision of this article shall be subject to a fine of not less than $10.00 nor more than $50.00 for each day of violation, or imprisonment in the county jail not less than 10 nor more than 30 days for each day of violation, or both such fine and imprisonment.
(Acts 1966, Ex. Sess., No. 421, p. 565, §5; Code 1975, §13-10-7.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 507, p. 1222, §1; Code 1975, §13-10-20; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 507, p. 1222, §2; Code 1975, §13-10-21; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 507, p. 1222, §3; Code 1975, §13-10-22; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2005-301, 1st Sp. Sess., §3, effective October 1, 2005.
(Acts 1967, No. 507, p. 1222, §4; Code 1975, §13-10-23.)
(a) This section shall only apply in a Class 1 municipality.
(b) No adult or unrelated juvenile criminal sex offender shall establish a residence or other living accommodation in a residence where another criminal sex offender resides whose name appears on the Jefferson County Sheriff’s official published sex offender list.
(c) The owner or lessee of the property who knowingly, willingly, or intentionally permits a violation of subsection (b) shall be fined five thousand dollars ($5,000) for each violation and those fees, once collected, will be distributed to the Birmingham Police Department Sex Offender Unit.
(d) The owner or lessee of the property shall not be in violation of subsection (b) if the sex offender is the spouse or child of the owner or lessee or if the spouse or child is the owner or lessee of the property.
(e) The owner is not in violation where the application for a lease or the lease itself provides a signed statement by the lessee that the lessee is not a convicted sex offender.
(Act 2007-450, p. 929, §§1, 2.)
(a) A person commits the crime of creating a hazard if:
(1) Having discarded, in any place accessible to children, a container having a compartment of more than one and one half cubic feet capacity and a door or lid that locks or fastens automatically when closed and cannot easily be opened from the inside, he fails to remove the door, lid or locking or fastening device; or
(2) Being the owner or otherwise having possession of land upon which there is an abandoned well, cistern or cesspool of a depth of four feet or more and a top width of 12 inches or more, he fails to fill, cover or fence it with a suitable protective construction.
(b) Creating a hazard is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5801.)
(a) A person commits the crime of hindering transportation of commodities if, intentionally and without lawful authority, he forcibly stops or hinders the operation of any vehicle transporting farm or commercial products within the state for the purpose of delaying the transportation or interfering with the loading or unloading of farm or commercial products.
(b) Hindering transportation of commodities is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §5805.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1977, No. 607, p. 812, §5810.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1977, No. 607, p. 812, §5815.)
Any person who keeps on hand, at any one time, within the limits of any incorporated city or town, for sale or for use, more than 50 pounds of gunpowder or other explosives shall, on conviction, be fined not less than $100.00.
(Code 1852, §201; Code 1867, §3748; Code 1876, §4236; Code 1886, §4093; Code 1896, §5351; Code 1907, §7583; Code 1923, §5216; Code 1940, T. 14, §391; Code 1975, §13-6-7.)
(a) As used in this section, the following words have the following meanings:
(1) PUBLIC GATHERING. The presence of more than 500 members of the public in an outdoor place for the purpose of attending a sporting contest, auto race, concert, festival, political rally, parade, or similar event.
(2) SKY LANTERN. An unmanned self-contained free-floating luminary device requiring an open flame underneath, such as a candle, for propulsion.
(b) It is unlawful to release a sky lantern within 500 yards of a public gathering.
(c) A violation of this section is a criminal violation punishable pursuant to Section 13A-5-12.
(Act 2017-387, §1.)
(a) The Legislature finds and declares the following:
(1) It is the intent of the Legislature in enacting this section to prevent electricity generated by permanent or portable electric generators used by persons from back-feeding into an electrical distribution system causing possible bodily injury and harm, including death, and property damage.
(2) That every year in the State of Alabama the use of permanent or portable electric generators to supply power, unless appropriate safeguards are used, creates extremely hazardous conditions from back-feeding electric current onto electrical distribution systems of the electric supplier to which the homes or businesses are connecting, causing death, bodily injury, and property damage.
(3) The dangers created by portable or permanent generators may be mitigated for the benefit of all, including the owner of the electric generator, by enacting certain safety standards to mitigate possible bodily injury, death, or property damage.
(b) In order to prevent back-feeding electricity onto the electric distribution system of the electric supplier, a portable electric generator that is capable of being connected directly into the electrical system of a commercial, industrial, or residential structure may only be connected and used if the structure’s electrical system and the electricity generated by the generator are isolated, at the main breaker panel of the structure, from the electrical distribution system.
(c)(1) This section does not apply to any electric generator that is capable of being permanently connected to the electrical system of a commercial, industrial, or residential structure by way of a transfer switch or other mechanism, as approved by the applicable electric supplier, so that the electricity generated by the generator is prevented from back-feeding onto the electric distribution system of the electric supplier, except as authorized by the applicable electric supplier.
(2) This section does not apply to a permanently connected generator that runs in parallel with the electric distribution system of an electric supplier or the electrical system of a structure and is approved by the applicable electric supplier.
(3) This section does not apply to a permanently connected energy storage system that receives energy from a generator or the applicable electric supplier, is capable of running in parallel with the electric distribution system of the electric supplier or the electrical system of a structure, and is approved by the applicable electric supplier.
(d) A person who violates this section shall be guilty of a Class C misdemeanor.
(e)(1) As used in this section, the term “electric supplier” has the same meaning as provided under Section 37-14-31.
(2) As used in this section, the term “generator” means a facility owned and operated by a customer of an electric supplier for the production of electrical energy, which is capable of transmitting electrical energy to the electric distribution system of the electric supplier at any time, and that is intended primarily to offset part or all of the customer’s requirements for electricity.
(f) Nothing in this section affects or modifies the jurisdiction of the Alabama Public Service Commission or any rates or service regulations filed with the commission.
(Act 2022-369, §1.)
(a)(1) It is unlawful for any person to operate any vehicle with knowledge that the vehicle contains a false or secret compartment, the purpose of which compartment is to conceal, hide, or prevent discovery of any one or more of the following by a law enforcement officer:
a. A person concealed for an unlawful purpose.
b. A controlled substance possessed in violation of Article 5, Chapter 12 of this title.
c. Contraband, as defined under Section 20-2-93.
(2) It is unlawful for any person to install, create, build, or fabricate in any vehicle a false or secret compartment, the purpose of which compartment is to conceal, hide, or prevent discovery of any one or more of the following by a law enforcement officer:
a. A person concealed for an unlawful purpose.
b. A controlled substance possessed in violation of Article 5, Chapter 12 of this title.
c. Contraband, as defined under Section 20-2-93.
(3) It is unlawful for any person to sell, trade, or otherwise dispose of a vehicle with knowledge that the vehicle is in violation of this section.
(b) As used in this section, the term “false or secret compartment” does not include compartments that existed in or on the motor vehicle at the time of manufacturing, or accessories offered by the motor vehicle manufacturer, distributor, or licensed dealer.
(c) A legal inference of fact may be inferred that the operator of a vehicle seized in violation of this section had knowledge of a false or secret compartment on the vehicle if the vehicle has a false or secret compartment to which any of the following apply:
(1) The compartment is concealing a person for any unlawful purpose, or there is evidence of the previous concealment of a person for an unlawful purpose.
(2) The compartment is concealing a controlled substance possessed in violation of Article 5, Chapter 12 of this title, or there is evidence of previous unlawful possession of controlled substances.
(3) The compartment is concealing contraband, as defined under Section 20-2-93, or there is evidence of previous concealment of contraband.
(d) Any vehicle seized under this section shall be deemed contraband and may be forfeited pursuant to Section 20-2-93.
(e)(1) Except as provided in subdivision (2), any person who violates this section shall be guilty of a Class A misdemeanor.
(2) A person who violates subdivision (c)(1) shall be guilty of a Class B felony.
(3) Any person who violates this section shall be required to pay a fine of not more than sixty thousand dollars ($60,000).
(Act 2022-418, §1.)
It is the policy of this state to recognize the special role and value of service dogs, not only in the lives of those persons who use them but also in society at large, and to encourage the use of service dogs by persons with disabilities and to recognize that those persons have a right to use service dogs without any interference with or injury to the service dog.
(Act 2016-132, §1.)
For the purposes of this article, the following terms have the following meanings:
(1) HARASS. To engage in any conduct directed toward a service dog or handler that is likely to impede or interfere with the performance of a service dog in its duties or places the health and safety of the service dog or its handler in jeopardy. Such conduct includes actions which distract, obstruct, or intimidate the service dog, such as taunting, teasing, or striking.
(2) INJURY. Physical or emotional injury to the service dog.
(3) NOTICE. An actual verbal or other communication warning that the behavior of the person or the dog of the person is harassing toward the performance of a service dog in its duty or endangering the health and safety of the service dog.
(4) SERVICE DOG. A dog that has been individually trained for the purpose of assisting or accommodating a physician-diagnosed physical or mental disability or medical condition of a person as that term is used in the federal Americans with Disabilities Act. Service dogs include, but are not limited to, guide or leader dogs for persons who are blind; dogs that assist persons with physical disabilities by providing balance support, pulling a wheelchair, or performing other tasks; dogs that provide hearing assistance by alerting individuals who are deaf to specific sounds; and dogs who alert persons to an impending potential medical crisis. The term includes a therapy dog.
(5) THERAPY DOG. A trained emotional support dog that has been tested and registered by a nonprofit national therapy dog organization that sets standards and requirements for the health, welfare, task work, and oversight of therapy dogs and their handlers. The term therapy dog includes a dog trained to visit and provide emotional support to children, the sick and disabled, the aged, and victims in the court system. A registered therapy dog is trained for public access in facilities including, but not limited to, libraries, nursing homes, hospitals, schools, hospice, courthouse facilities, funeral homes, disaster areas, and homes where visits are needed to aid in health care and emotional support. A registered therapy dog is covered under this article from the time the dog leaves its home until the time it returns while in the performance of its duties as defined herein. The handler of a registered therapy dog shall be a member in good standing of a national therapy dog organization and be clearly identified with an organization and have authorized credentials.
(6) VALUE. The value of the service dog to the service dog user as demonstrated by any of the following elements:
a. Cost of the service dog.
b. Replacement and training or retraining expenses for the service dog and the user.
c. Veterinary and other medical and boarding expenses for the service dog during a period of treatment for injury.
d. Lost wages or income incurred by the service dog user during any period the user is without the services of the service dog.
e. Any additional expenses incurred by the service dog user directly because of the loss of the use of the service dog.
(Act 2016-132, §2; Act 2017-412, §1.)
(a) It is unlawful for a person who has received notice that his or her behavior is harassing to a dog the person knows or has reason to believe is a service dog to continue that behavior with malice or reckless disregard.
(b) It is unlawful for a person with reckless disregard to allow his or her dog that is not contained by a fence, a leash, or other containment system to harass a service dog.
(c) A person who violates subsection (a) or (b) is guilty of a Class C misdemeanor.
(Act 2016-132, §3.)
(a) It is unlawful for any person without legal justification or authority to cause injury to a service dog, or to allow his or her dog to cause injury to a service dog.
(b) A person who violates subsection (a) with reckless disregard is guilty of a Class B misdemeanor.
(c) A person who intentionally or willfully violates subsection (a) is guilty of a Class A misdemeanor.
(Act 2016-132, §4.)
(a) It is unlawful for any person without legal justification or authority to cause the death of a service dog or cause an injury resulting in disability to the service dog such that it is no longer able to function in that role, or for that person to allow his or her dog to cause the same.
(b) A person who violates subsection (a) with reckless disregard is guilty of a Class A misdemeanor.
(c) A person who intentionally or willfully violates subsection (a) is guilty of a Class A misdemeanor.
(Act 2016-132, §5.)
(a) A person convicted of a violation of this article shall be ordered to make full restitution for damages, including incidental and consequential expenses, incurred by the service dog and its user, which arise out of or are related to the violation.
(b) Restitution for a conviction under this article includes, but is not limited to, any of the following:
(1) The medical expenses of the service dog and its user, and the value of the service dog to its user for the period in which the dog is unable to perform its duties due to injuries suffered as a proximate cause of the violation, or if the violation resulted in the death or permanent disability of the service dog, the value of the service dog to its user.
(2) The cost of any retraining of the service dog needed as a result of the violation.
(3) Compensation for wages or earned income lost by the service dog user as a proximate cause of the violation.
(4) Any other economic loss suffered by the service dog user as a proximate result of the violation.
(c) This section does not affect the civil remedy that is available for violations of this article. Restitution paid pursuant to this article shall be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.
(d) The user of a service dog may bring a civil cause of action for violation of any of this article in a court of competent jurisdiction in the county where the service animal user resides or where the violation occurred.
(e) In any civil action brought under this article, the court may award costs and reasonable attorney fees to the prevailing party.
(Act 2016-132, §6.)
(a) The word “torture” as used in this article shall mean the act of doing physical injury to a dog or cat by the infliction of inhumane treatment or gross physical abuse meant to cause said animal intensive or prolonged pain or serious physical injury, or thereby causing death due to said act.
(b) The word “cruel” as used in this article shall mean: Every act, omission, or neglect, including abandonment, where unnecessary or unjustifiable pain or suffering, including abandonment, is caused or where unnecessary pain or suffering is allowed to continue.
(c) The words “dog or cat” as used in this article shall mean any domesticated member of the dog or cat family.
(Act 2000-615, p. 1252, §1.)
(a) A person commits the crime of cruelty to a dog or cat in the first degree if he or she intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony. A conviction for a felony pursuant to this section shall not be considered a felony for purposes of the Habitual Felony Offender Act, Sections 13A-5-9 to 13A-5-10.1, inclusive.
(b) A person commits the crime of cruelty to a dog or cat in the second degree if he or she, in a cruel manner, overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily or cruelly beats, injuries, mutilates, or causes the same to be done. Cruelty to a dog or cat in the second degree is a Class A misdemeanor.
(Act 2000-615, p. 1252, §2.)
Any county or municipality may appoint one or more trained agents to inspect alleged violations of this article, to protect dogs or cats from any cruelty charged, and to prevent any cruelty to any dog or cat. Any appointment made pursuant to this section shall be made at a meeting of the local governing body duly called with notice.
(Act 2000-615, p. 1252, §3.)
(a) Any law enforcement officer and any agent of the county or the municipality appointed pursuant to Section 13A-11-242, having reasonable belief, evidence of, or having found a dog or cat to be neglected or cruelly treated may perform either of the following:
(1) Remove the dog or cat from its present location.
(2) Order the owner of the dog or cat to provide certain care to the dog or cat at the owner’s expense without the removal of the dog or cat from its present location.
(b) Neither the county or municipality, nor any employee or agent of the county or municipality, acting in good faith, shall be liable for any actions taken under this section, regardless of whether or not the dog or cat is returned to its owner after impoundment.
(Act 2000-615, p. 1252, §4.)
(a) The law enforcement officer or any agent of the county or of the municipality, without the requirement of any fee or charge for court costs, shall immediately petition the municipal court if the violation involves a municipal ordinance or the district court in the county in which the dog or cat is found for a hearing to be set within 20 days of seizure of the dog or cat or issuance of the order to provide care. The hearing shall be held not more than 10 days after the setting of the date to determine whether the owner, if known, is able to provide adequately and protectively for the dog or cat and is fit to have custody of the dog or cat. The hearing shall be concluded and the court order entered within 30 days after the date the hearing is commenced.
(b) The owner, at least five days prior to holding such a hearing, shall be notified of the date of the hearing to determine if the owner is able to provide adequately and protectively for the dog or cat and is fit to have custody of the dog or cat.
(Act 2000-615, p. 1252, §5.)
(a) The law enforcement officer or agent of the county or municipality may provide for the dog or cat until either the dog or cat is returned to the owner by the court, or the court refuses to return the dog or cat to the owner and implements one of the procedures pursuant to subsection (c).
(b) If the owner is adjudged by the court, with certification from a licensed veterinarian, to be able to provide adequately for and have custody of the dog or cat, the dog or cat shall be returned to the owner.
(c) If the court determines that the owner of the dog or cat is unable, unwilling, or unfit to adequately provide for, protect, and have custody of the dog or cat, the court may implement the following by court order:
(1) Upon the testimony of the person taking custody, a licensed veterinarian, or another qualified witness that the dog or cat requires destruction or other disposition for humane reasons or is of no commercial value, order the dog or cat destroyed or remanded directly to the custody of the dog or cat control, humane shelter, or similar facility designated by the county or the municipality or other appropriate person to be disposed of by the facility or person in a humane manner.
(2) Upon proof of the costs incurred by the agent or agency having custody of the dog or cat, order that the owner pay any costs incurred for the care of the dog or cat and for any costs incurred in destroying the dog or cat. A separate hearing may be held by the judge of the district court on the assessment of costs, which assessment shall include all costs of notice and hearing. In the event the court finds the owner innocent of charges, the owner shall not be charged with costs of the care of the dog or cat in custody.
(d) If the court determines that the owner is unable, unwilling, or unfit to adequately provide for and protect any other dog or cat in the custody of the owner that was not originally seized by the agency, agent, or other person when the dog or cat in custody was seized, the court may enjoin the owner of further possession or custody of the unseized dog or cat.
(Act 2000-615, p. 1252, §6.)
This article shall not apply to any of the following persons or institutions:
(1) Academic and research enterprises that use dogs or cats for medical or pharmaceutical research or testing.
(2) Any owner of a dog or cat who euthanizes the dog or cat for humane purposes.
(3) Any person who kills a dog or cat found outside of the owned or rented property of the owner or custodian of the dog or cat when the dog or cat threatens immediate physical injury or is causing physical injury to any person, animal, bird, or silvicultural or agricultural industry.
(4) A person who shoots a dog or cat with a BB gun not capable of inflicting serious injury when the dog or cat is defecating or urinating on the person’s property.
(5) A person who uses a training device, anti-bark collar, or an invisible fence on his or her own dog or cat or with permission of the owner.
(Act 2000-615, p. 1252, §7.)
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Act 2000-615, p. 1252, §8.)
For purposes of this article, the following terms shall have the following meanings:
(1) CONTAINMENT AREA. Any area used to hold a police animal or search and rescue animal regardless whether on duty or off duty, including, but not limited to, a kennel, car unit, trailer, tent, staging area, stable, paddock, tie-out, or fenced area or pasture.
(2) HANDLER. A peace officer, firefighter, search and rescue person, or other specifically trained individual who uses a police animal or search and rescue animal in the performance of his or her duties. For purposes of this article, a peace officer and firefighter are defined in Section 36-30-1.
(3) HARASS. Any act or omission, or attempted act or omission, with or without actual physical contact, which results or could result in harm, disabling, restriction, control of the animal, or a distraction from duties of the animal or handler including, but not limited, to the following:
a. Taunting, teasing, tormenting, mistreating, spitting, shouting, inappropriate gesturing or noises, or approaching in a menacing fashion.
b. Poking, prodding, striking, or kicking.
c. Spraying, throwing, pushing, or otherwise projecting an item or substance, including a flash of light or laser, in a manner likely to cause harm or distraction from duties.
d. Placing food, drugs, chemicals, poison, or other items in the path, area of operation, or containment.
(4) PHYSICAL HARM. Any injury, illness, or other impairment, regardless of its gravity or duration.
(5) POLICE ANIMAL. An animal, generally a dog or horse, which is not a human, with specialized training or in the process of specialized training, which is used by, and under the control of a peace officer, Class One Railroad Officer or special agent, or firefighter, in the performance of his or her duties.
(6) SEARCH AND RESCUE ANIMAL. Any animal with specialized training or in the process of specialized training, which is utilized for the principal purpose of aiding in the detection of missing persons, including, but not limited to, tracking persons who are lost or missing regardless whether living or deceased, sometimes referred to as a “SAR” animal.
(7) SERIOUS PHYSICAL HARM. Any physical harm that carries a substantial risk of death, permanent or temporary maiming or disfigurement, or that causes pain or suffering of any gravity or duration.
(Act 2013-421, p. 1677, §1; Act 2015-457, §1.)
(a) Any person who intentionally and knowingly causes, attempts to cause, or causes another person to harass, interfere, or obstruct a police animal or search and rescue animal being used by a handler in lawfully performing duties or causes harassment, interference, or obstruction of a handler in lawfully performing his or her duties is guilty of a Class A misdemeanor.
(b) Any person who intentionally and knowingly causes or attempts to cause physical harm to a police animal or search and rescue animal which results in no long-term damage or disfigurement of the animal and any temporary loss of service of the animal does not exceed 30 calendar days, is guilty of a Class A misdemeanor.
(c) Any person who intentionally and knowingly causes or attempts to cause serious physical harm, theft, or death of a police animal or search and rescue animal is guilty of a Class C felony.
(d) Any person who intentionally and knowingly enters a containment area of a police animal or search and rescue animal without the consent of the handler, causes or attempts to cause any item or substance to enter the containment area without the consent of the handler, or who releases a police animal or search and rescue animal without the consent of the handler, is guilty of a Class A misdemeanor.
(e) An owner or keeper of a dog or other animal, who fails to reasonably restrain the dog or animal from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police animal or search and rescue animal, is responsible for any violation of this article in the same manner as if he or she knowingly caused or attempted to cause the violation.
(Act 2013-421, p. 1677, §2.)
(a) This article shall apply regardless whether the police animal or search and rescue animal is in the actual performance of assisting a handler in his or her duties or is off duty.
(b) If the police animal or search and rescue animal is in a containment area not in the immediate presence of the handler, this article only applies to an offender who knows or should know at the time of the violation that the animal that is the subject of the violation is a police animal or search and rescue animal.
(Act 2013-421, p. 1677, §3.)
In addition to any other penalties imposed, any person who violates this article may be ordered by the court to pay restitution to the owner of the police animal or search and rescue animal and the agency involved for expenses caused by the violation, including, but not limited to, the following:
(1) Any veterinary expenses resulting from the violation.
(2) Replacement costs of the animal if it is stolen, killed, or disabled temporarily or permanently, and can no longer perform its duties.
(3) The salary of the handler for the period of time his or her services are lost to the employer and any expenses for a replacement employee during that period of time, if needed.
(4) The value of any services lost to employer until replacement services are obtained.
(5) Any lost or damaged equipment.
(6) Training, retraining, or rehabilitation expenses for the animal and for the handler.
(Act 2013-421, p. 1677, §4.)
(a) This article does not prohibit a credentialed euthanasia technician, an authorized handler, or a veterinarian from euthanizing a police animal or search and rescue animal in an emergency if the animal is critically wounded and would otherwise endure undue suffering and pain.
(b) It is a defense that the accused person, acting as handler or as an employee or agent of the handler or employing agency, engaged in a reasonable act of training, handling, or discipline of the animal or reasonably believed the violating conduct was necessary to prevent serious physical harm or death of another person.
(Act 2013-421, p. 1677, §5.)
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) AIRBAG. A motor vehicle inflatable occupant restraint system or any component thereof that satisfies both of the following:
a. Operates in the event of a crash.
b. Was designed in accordance with all applicable federal safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.
(2) COUNTERFEIT AIRBAG. A replacement motor vehicle inflatable occupant restraint system or any component thereof displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from the manufacturer.
(3) NONFUNCTIONAL AIRBAG. A replacement motor vehicle inflatable occupant restraint system or any component thereof that satisfies any of the following:
a. Was previously deployed or damaged.
b. Has a fault that is detected by the vehicle diagnostic system after the installation procedure is completed.
c. Includes any part or object, including, but not limited to, a counterfeit airbag, a nonfunctional airbag, or a repaired airbag cover, installed in a motor vehicle to mislead the owner or operator of such motor vehicle into believing that a functional airbag has been installed.
(b) A person commits the offense of airbag fraud if the person knowingly and intentionally as defined in Section 13A-2-2, does any of the following:
(1) Manufactures, imports, sells, offers for sale, installs, or reinstalls a counterfeit airbag, a nonfunctional airbag, or any other device to replace an airbag that the person knew was not designed in accordance with all applicable federal safety standards for the make, model, and year of the motor vehicle.
(2) Installs a used airbag in a motor vehicle and fails to disclose to the owner or lessee that a used airbag has been installed.
(3) Sells any device, or installs or reinstalls in any vehicle any device, that causes the vehicle’s diagnostic system to inaccurately indicate that the vehicle is equipped with a functional airbag when a counterfeit airbag, nonfunctional airbag, or no airbag is installed.
(4) Installs or requests another to install a counterfeit airbag or nonfunctional airbag and sells or offers to sell the vehicle to another person with the intent to deceive the purchaser about the existence of the counterfeit airbag or nonfunctional airbag in the vehicle.
(c) Airbag fraud is a Class A misdemeanor. If the fraud contributes to a person’s serious physical injury or death, airbag fraud is a Class C felony.
(Act 2003-350, p. 919, §1; Act 2014-138, p. 254, §1.)
[Repealed]
Repealed by Act 2014-138, §2, effective June 1, 2014.
(Act 2003-350, §2.)
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Act 2003-350, §3.)
(a) This section shall be known and cited as the Amiyah White Act.
(b) For the purposes of this section, the term motor vehicle shall mean any motor vehicle as defined in Section 32-1-1.1, and the term incapacitated person shall mean any incapacitated person as defined in Section 26-2A-20.
(c)(1) A licensed day care center, a licensed child care facility, a program providing day care service to incapacitated persons, or any other child care service that is exempt from licensing pursuant to Section 38-7-3, or an employee thereof, or a person for hire responsible for a child under the age of 7 or an incapacitated person, shall not leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm.
(2) A person violating this section shall be punished by a fine of not less than two thousand dollars ($2,000). If a person has a prior conviction or adjudication under this section, the offense is a Class C misdemeanor.
(3) For purposes of determining prior conviction or adjudication pursuant to subdivision (2), conviction in municipal court shall be included.
(4) If the child or incapacitated person receives physical injury as a result of a violation of this section, the person violating this section is guilty of a Class A misdemeanor.
(5) If the child or incapacitated person receives serious physical injury as a result of a violation of this section, the person violating this section is guilty of a Class C felony.
(6) If the child or incapacitated person is fatally injured as a result of a violation of this section, the person violating this section is guilty of a Class B felony.
(d) Notwithstanding the foregoing, nothing in this section shall limit any existing cause of action or right to bring a cause of action. A violation of this section shall not be considered evidence of contributory negligence and the liability of an insurer shall not be limited or mitigated.
(Act 2013-287, p. 993, §§1-3.)
(a) As used in this section, the following terms have the following meanings:
(1) MOTOR VEHICLE BURNOUT. The practice of intentionally keeping a motor vehicle stationary by using the brake pedal or parking brake of the vehicle, while simultaneously engaging the gas pedal to allow one set of wheels to spin. The practice may result in the vehicle tires being heated to a sufficient degree so as to cause smoke to appear.
(2) MOTOR VEHICLE DONUT. The intentional and unnecessary operation of a motor vehicle in a manner that causes the vehicle to move in a zigzag or circular course or to gyrate or spin around. The term does not include maneuvering the otherwise lawfully operated vehicle when necessary to avoid collision, injury, or damage.
(3) MOTOR VEHICLE EXHIBITION OF SPEED. The operation of one or more vehicles from a starting point to an ending point, or over a common selected course, for the purpose of exhibiting the speed or power of the vehicle.
(4) MOTOR VEHICLE SPEED CONTEST. The operation of two or more vehicles at accelerated speeds from a starting point to an ending point in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from a starting point to an ending point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit. The term includes drag racing.
(5) MOTOR VEHICLE SIDESHOW. An event in which one or more persons perform motor vehicle stunts, including burnouts, donuts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators.
(6) OFF STREET PARKING FACILITY. Any public or private lot, building, or space used for the parking of motor vehicles, regardless of whether charges are made for the use thereof.
(7) TRAFFIC ENFORCEMENT OFFICER. Any parking enforcement officer or traffic enforcement officer, as designated by the applicable local governing body, who is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission, and any law enforcement officer.
(b)(1) A person shall not engage in, aid or abet the furtherance of, or give consent for his or her vehicle to be used in, any of the following on a public road or highway, off street parking facility, or any other parcel of public or private property, without the consent of the owner of that property.
a. A motor vehicle speed contest.
b. A motor vehicle exhibition of speed.
c. A motor vehicle sideshow.
d. A motor vehicle burnout, motor vehicle donut, or other reckless driving maneuver.
(2) A person shall be deemed to give consent for his or her vehicle to be used in violation of this subsection if the person knew, or should have reasonably known based on the totality of the circumstances, that the person’s vehicle would be used to commit a violation of this subsection.
(c) A person convicted of violating subsection (b), for a first violation, shall be guilty of a Class C misdemeanor, and for a second or subsequent violation shall be guilty of a Class B misdemeanor. In addition, the court may prohibit the person from driving a motor vehicle on the public highways of this state for a period not exceeding six months.
(d)(1) If a person operating a motor vehicle in violation of subsection (b) proximately causes bodily injury to another individual, or the offense proximately causes damage to any property, the person shall be guilty of a Class A misdemeanor. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for a period of six months.
(2) If a person commits a violation of subsection (b) and the commission of the offense proximately causes serious physical injury to a person other than the driver, the person shall be guilty of a Class C felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for a period of two years.
(3) If a person commits a violation of subsection (b) and the commission of the offense proximately causes death to any person, the person shall be guilty of a Class B felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for not less than two years.
(e) Any contracts in place between an arresting municipality and the county for the actual housing costs of individuals housed in the county jail shall apply to an arrest made by a municipal police officer resulting in misdemeanor charges under this section. If no contract is in place, the arresting municipality shall reimburse the county for the actual housing costs of the incarceration of the individuals held on misdemeanor charges.
(f)(1) If a motor vehicle is observed by a traffic enforcement officer or recorded on an automated photographic or video traffic enforcement system to be in violation of this section, a traffic enforcement officer may cause the vehicle to be towed and impounded at the registered owner’s expense for not less than 48 hours. The traffic enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle for a minimum of 48 hours. The minimum impoundment period may be extended by order of the court. Thereafter, the registered owner or authorized agent of the registered owner may claim the vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The vehicle shall then be released to the registered owner or an agent of the owner. Any towing service or towing company removing the vehicle at the direction of the traffic enforcement officer in accordance with this section shall have a lien on the motor vehicle for all reasonable and customary fees relating to the towing and storage of the motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 30 days prior to any sale or other proceedings. An owner of a motor vehicle seized or impounded under this subdivision may contest the propriety of the seizure, continued impoundment, and associated fines or fees in accordance with the procedures of Section 20-2-93(1) or Rule 3.13(a) of the Alabama Rules of Criminal Procedure.
(2) If a person has been convicted of three or more violations of this section, the motor vehicle operated by the person in the commission of the offense shall be seized and forfeited pursuant to the procedures of Section 20-2-93.
(g) If a person’s privilege to operate a motor vehicle is suspended or restricted by a court pursuant to this section, the court shall notify the Alabama State Law Enforcement Agency and the license of the person shall be suspended or restricted for the period by the Secretary of the Alabama State Law Enforcement Agency pursuant to Section 32-5A-195.
(h) Nothing in this section applies to private motor speedways or other areas of private land where racing or stunt driving activities are authorized to be performed by the owner and operator thereof.
(i) Any local governing body may use an automated photographic or video traffic enforcement system to assist in the detection and recording of a violation of this section. Nothing in this subsection shall authorize the use of an automated traffic enforcement system for purposes of detecting red light or speed violations.
(Act 2023-174, §1; Act 2024-323, §1.)
(a) For purposes of this section, the term “motor vehicle” means any vehicle that is self-propelled or that is drawn by a self-propelled vehicle, including an off-road vehicle, all-terrain vehicle, motorcycle, motor scooter, and motorized trail bike. The term does not include a vessel or other watercraft designed for transportation on water.
(b) An individual may not operate a motor vehicle on any land submerged below navigable or non-navigable waters in this state.
(c) An individual may not operate a motor vehicle on any land that is within the natural boundary of a creek, brook, branch, stream, or similar waterway.
(d) A person who violates subsection (b) or (c) shall be punished as follows:
(1) On a first violation, a Class C misdemeanor.
(2) On a second violation, a Class B misdemeanor.
(3) On a third and any subsequent violation, a Class A misdemeanor.
(e) This section does not apply to any of the following:
(1) The operation of a motor vehicle on lands submerged below navigable or non-navigable waters while remaining on land that the operator of the motor vehicle owns or has permission to be upon.
(2) The operation of a motor vehicle pursuant to written authorization from the Director of the State Lands Division of the Department of Conservation and Natural Resources.
(3) Any utility engaged in providing retail or wholesale electric service.
(Act 2025-429, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §73; Code 1867, §3614; Code 1876, §4443; Code 1886, §4045; Code 1896, §5542; Code 1907, §7814; Acts 1923, No. 417, p. 559; Code 1923, §5539; Code 1940, T. 14, §420; Acts 1951, No. 433, p. 783, §1; Acts 1953, No. 230, p. 297; Code 1975, §13-6-1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1867, §3615; Code 1876, §4444; Code 1886, §4046; Code 1896, §5543; Code 1907, §7819; Code 1923, §5541; Code 1940, T. 14, §422; Code 1975, §13-6-2.)
Any person who sells, barters, exchanges, or gives to any individual under the age of 21 years any tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product, on conviction, shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300) and may also be imprisoned in the county jail for not more than 30 days.
(Code 1896, §5336; Code 1907, §6466; Code 1923, §3567; Code 1940, T. 14, §95; Code 1975, §13-6-5; Act 2019-233, §2; Act 2021-453, §1.)
For purposes of this article, the following terms shall have the following meanings:
(1) ALTERNATIVE NICOTINE PRODUCT. The same meaning as in Section 28-11-2.
(2) BOARD. The same meaning as in Section 28-11-2.
(3) BRAND STYLE. A variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of cigarette, filtration on the cigarette, or packaging.
(4) CLEAR AND CONSPICUOUS STATEMENT. A statement that is of sufficient type size to be clearly readable by the recipient of the communication.
(5) COMMISSIONER. The Commissioner of the Alabama Department of Revenue.
(6) CONSUMER. An individual who acquires or seeks to acquire cigarettes, or any one or more articles taxed herein, for personal use.
(7) DELIVERY SALE. Any sale of cigarettes to a consumer within this state, regardless of whether the seller is located in this state, where either of the following is true:
a. The purchaser submits the order for sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, facsimile transmission, or the Internet or other online service.
b. The cigarettes are delivered by use of the mails or other delivery service.
(8) DELIVERY SALE OF ELECTRONIC NICOTINE DELIVERY SYSTEMS OR ALTERNATIVE NICOTINE PRODUCTS. Any sale of electronic nicotine delivery systems or alternative nicotine products to a consumer in this state, regardless of whether the seller is located in this state, where either of the following is true:
a. The purchaser submits the order for the sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, facsimile transmission, or the Internet or other online service.
b. The electronic nicotine delivery systems or alternative nicotine products are delivered by use of the mails or other delivery service.
(9) DELIVERY SALES STATUTES. Those provisions contained within Sections 13A-12-3.2, 13A-12-3.3, 13A-12-3.4, 13A-12-3.5, 13A-12-3.6, and 13A-12-3.7.
(10) DELIVERY SERVICE. Any person, other than a person who makes a delivery sale, who delivers to the consumer the cigarettes sold in a delivery sale.
(11) DEPARTMENT. The Alabama Department of Revenue.
(12) ELECTRONIC NICOTINE DELIVERY SYSTEM. The same meaning as in Section 28-11-2.
(13) GOVERNMENT-ISSUED IDENTIFICATION. A state driver’s license, state identification card, passport, a military identification, or an official naturalization or immigration document, including an alien registration recipient card or green card, or an immigrant visa.
(14) LEGAL MINIMUM AGE. 21 years of age.
(15) LIQUID NICOTINE CONTAINER. The same meaning as in Section 28-11-2.
(16) MAILS or MAILING. The shipment of cigarettes through the United States Postal Service.
(17) OUT-OF-STATE SALE. A sale of cigarettes to a consumer located outside of this state where the consumer submits the order for sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, facsimile transmission, or the Internet or other online service, and where the cigarettes are delivered by use of the mails or other delivery service.
(18) PERSON. Any individual, corporation, partnership, limited liability company, association, or other organization that engages in any for-profit or not-for-profit activities.
(19) SHIPPING DOCUMENTS. Bills of lading, air bills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.
(20) SHIPPING PACKAGE. A container in which packs or cartons of cigarettes are shipped in connection with a delivery sale.
(21) STAMP or STAMPS. The stamp or stamps by the use of which the tax levied under this article is paid and shall be designated Alabama Revenue Stamps.
(22) WITHIN THIS STATE. Within the exterior limits of the State of Alabama.
(Act 2006-619, p. 1694, §1; Act 2019-233, §2; Act 2021-453, §1.)
(a) No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum age.
(b) Each person accepting a purchase order for a delivery sale shall comply with the provisions of this chapter and all other laws of this state generally applicable to sales of cigarettes that occur within this state, including, but not limited to, those laws imposing excise taxes, sales taxes, license and revenue-stamping requirements, and escrow payment obligations.
(c) Violations of the delivery sales statutes shall, in addition to any other penalty provided by law, be subject to the penalties provided under subsection (b) of Section 8-19-12.
(Act 2006-619, p. 1694, §1.)
No person, other than a delivery service, shall mail, ship, or otherwise cause to be delivered a shipping package in connection with a delivery sale unless the following occur:
(1) The person, prior to the first delivery sale to the prospective consumer, obtains from the prospective consumer a written certification which includes a statement signed by the prospective consumer that certifies the prospective consumer’s current address and that the consumer is at least the legal minimum age.
(2) The person informs, in writing, the prospective consumer all of the following:
a. The signing of another person’s name to the certification described in this section is illegal.
b. Sales of cigarettes to individuals under the legal minimum age are illegal.
c. The purchase of cigarettes by individuals under the legal minimum age is illegal.
(3) The person makes a good faith effort to verify the date of birth of the consumer provided pursuant to this section against a commercially available database or by obtaining a photocopy or other image of a valid government-issued identification stating the date of birth or age of the prospective consumer.
(4) The person provides to the prospective consumer a notice which meets the requirements of Section 13A-12-3.4.
(5) The person receives payment for the delivery sale from the prospective consumer by a credit or debit card that has been issued in the consumer’s name, or by check, or other written instrument in the consumer’s name.
(6) The person ensures that the shipping package is delivered to the same address as is provided on the government-issued identification or as included in the commercially available database.
(Act 2006-619, p. 1694, §1.)
(a) The notice required under subdivision (4) of Section 13A-12-3.3 shall include all of the following:
(1) A statement that cigarette sales to consumers below the legal minimum age are illegal.
(2) A statement that sales of cigarettes are restricted to those consumers who provide verifiable proof of age in accordance with Section 13A-12-3.3.
(3) One of the warnings set forth in Section 4(a)(1) of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1333(a)(1), rotated on a quarterly basis.
(4) A statement that cigarette sales are subject to tax under Section 40-25-2, and an explanation of how such tax has been, or is to be, paid with respect to the delivery sale.
(b) A statement meets the requirements of this section if all of the following occur:
(1) The statement is clear and conspicuous.
(2) The statement is contained in a printed box set apart from the other contents of the communication.
(3) The statement is printed in bold capital letters.
(4) The statement is printed with a degree of color contrast between the background and the printed statement that is no less than the color contrast between the background and the largest text used in the communication.
(5) For any printed material delivered by electronic means, the statement appears at both the top and the bottom of the electronic mail message or both the top and the bottom of the Internet website homepage.
(Act 2006-619, p. 1694, §1.)
AMENDED BY ACT 2026-580, EFFECTIVE APRIL 16, 2026. SEE ACT FOR REVISED LANGUAGE.
Each person, other than a delivery service, who mails, ships, or otherwise causes to be delivered a shipping package in connection with a delivery sale shall do all of the following:
(1) Include as part of the shipping documents a clear and conspicuous statement stating: “Cigarettes: Alabama Law Prohibits Shipping to Individuals Under 19 Years of Age and Requires the Payment of All Applicable Taxes.”
(2) Use a method of mailing, shipping, or delivery that requires the consumer’s signature before the shipping package is released to the consumer.
(3) Ensure that the shipping package is not delivered to any post office box.
(Act 2006-619, p. 1694, §1.)
(a) Each person who makes a delivery sale of cigarettes to a consumer located within this state shall file with the department for each individual sale all of the following information:
(1) A statement setting forth such person’s name, trade name, and address of such person’s principal place of business and any other place of business.
(2) Not later than the tenth day of each calendar month, a memorandum or copy of the invoice for each and every such delivery sale made during the previous calendar month, which includes the following information:
a. The name and address of the consumer to whom the delivery sale was made.
b. The brand style or brand styles of the cigarettes that were sold in the delivery sale.
c. The quantity of cigarettes that were sold in the delivery sale.
d. An indication of whether or not the cigarettes sold in the delivery sale bore a tax stamp evidencing payment of the tax under Section 40-25-2.
(b) Each person engaged in business within this state who makes an out-of-state sale shall, for each individual sale, submit to the appropriate tax official of the state in which the consumer is located the information required in subsection (a).
(c) Any person that satisfies the requirements of 15 U.S.C. § 376, shall be deemed to satisfy the requirements of subsections (a) and (b).
(d) The commissioner may disclose to the Attorney General any information received under this chapter and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this chapter. The commissioner and the Attorney General shall share with each other the information received under this chapter and may share the information with other federal, state, or local agencies for purposes of enforcement of this chapter or other federal or state laws.
(e) Violations of this section shall, in addition to any other penalty provided by law, be subject to the penalties provided under Section 40-25-13.
(f) This section shall not be construed to impose liability upon any delivery service, or officers, or employees thereof, when acting within the scope of business of the delivery service.
(Act 2006-619, p. 1694, §1.)
(a) Each person who makes a delivery sale shall collect and remit to the department all excise taxes imposed by this state with respect to the delivery and maintain evidence of the payment unless the person is located outside the state and includes a statement on the outside of the shipping package stating: “Alabama law requires the payment of state taxes on this shipment of cigarettes. You are legally responsible for all applicable unpaid taxes on these cigarettes.”
(b) A statement meets the requirements of this section if the following occur:
(1) The statement is clear and conspicuous.
(2) The statement is contained in a printed box set apart from the shipping label and other markings contained on the shipping package.
(3) The statement is printed in bold capital letters.
(4) The statement is printed with a degree of color contrast between the background and the printed statement that is no less than the color contrast between the background and the largest text used on the shipping label.
(5) The statement is located on the same side of the shipping package as the shipping label.
(Act 2006-619, p. 1694, §1.)
AMENDED BY ACT 2026-580, EFFECTIVE APRIL 16, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) No person may conduct a delivery sale of electronic nicotine delivery systems or alternative nicotine products unless the seller has obtained a valid permit to conduct delivery sales of electronic nicotine delivery systems or alternative nicotine products issued by the board pursuant to Section 28-11-4.
(b) No person may conduct a delivery sale of electronic nicotine delivery systems or alternative nicotine products to a person under the legal minimum age.
(c) A person holding a permit to conduct delivery sales of electronic nicotine delivery systems or alternative nicotine products may not accept a purchase or order from any person without first obtaining the full name, birth date, and residential address of that person and verifying this information through an independently operated third-party database or aggregate of databases, which includes data from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and authentication.
(d) A person holding a permit to conduct delivery sales of electronic nicotine delivery systems or alternative nicotine products shall accept payment only through a credit or debit card issued in the purchaser’s own name.
(e) Each violation for conducting a delivery sale of electronic nicotine delivery systems or alternative nicotine products without a valid permit or otherwise in violation of this section shall be treated as a separate offense and be punishable as follows: For the first violation, a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500); and for each subsequent violation, a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500).
(Act 2019-233, §3.)
Any person who keeps a cockpit or who in any public place fights cocks shall, on conviction, be fined not less than $20.00 nor more than $50.00.
(Code 1896, §4425; Code 1907, §6467; Code 1923, §3568; Code 1940, T. 14, §96; Code 1975, §13-6-13.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1996, No. 96-468, p. 581, §1.)
(a) As used in this section, the term “hog” shall mean a pig, swine, or boar.
(b) The crime of hog and canine fighting occurs when a person organizes or conducts any commercial or private event, commonly referred to as a “catch,” wherein there is a display of combat or fighting between one or more domestic or feral canines and feral or domestic hogs and in which it is intended or reasonably foreseeable that the canines or hogs would be injured, maimed, mutilated, or killed.
(c) The crime of hog and canine fighting occurs when a person intentionally does any of the following for the purpose of organizing, conducting, or financially or materially supporting any event as provided in subsection (b):
(1) Finance, commercially advertise, sell admission tickets, or employ persons.
(2) Own, manage, or operate any facility or property.
(3) Supply, breed, train, or keep canines or hogs.
(4) Knowingly purchase tickets of admission.
(d) This section shall not apply to the lawful hunting of hogs with canines or the use of canines for the management, farming, or herding of hogs which are livestock or the private training of canines for the purposes enumerated in this subsection provided that such training is conducted in the field and is not in violation of this section.
(e) A violation of this section is a Class A misdemeanor upon conviction for a first offense. A second or subsequent violation is a Class C felony. After a first violation, a judge shall inform the defendant of the enhanced penalty upon a second or subsequent violation.
(Act 2006-353, p. 936, §1.)
The following definitions apply to this article:
(1) ADVANCE GAMBLING ACTIVITY. A person “advances gambling activity” if he engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person advances gambling activity if, having substantial proprietary control or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits that activity to occur or continue or makes no effort to prevent its occurrence or continuation.
(2) BOOKMAKING. Advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcome of future contingent events.
(3) CONTEST OF CHANCE. Any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
(4) GAMBLING. A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance.
(5) GAMBLING DEVICE. Any device, machine, paraphernalia or equipment that is normally used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. However, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices within this definition.
(6) LOTTERY or POLICY. An unlawful gambling scheme in which:
a. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated by the winning ones; and
b. The winning chances are to be determined by a drawing or by some other fortuitous method; and
c. The holders of the winning chances are to receive something of value.
(7) PARI-MUTUEL, MUTUEL or THE NUMBERS GAME. A form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome of a future contingent event or events otherwise unrelated to the particular scheme.
(8) PLAYER. A person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity.
(9) PROFIT FROM GAMBLING ACTIVITY. A person “profits from gambling activity” if he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he shares or is to share in the proceeds of gambling activity.
(10) SLOT MACHINE. A gambling device that, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value. A device so constructed or readily adaptable or convertible to such use is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because apart from its use or adaptability as such it may also sell or deliver something of value on a basis other than chance.
(11) SOMETHING OF VALUE. Any money or property, any token, object or article exchangeable for money or property or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service entertainment or a privilege of playing at a game or scheme without charge.
(12) UNLAWFUL. Not specifically authorized by law.
(Acts 1977, No. 607, p. 812, §6101.)
(a) A person commits the crime of simple gambling if he knowingly advances or profits from unlawful gambling activity as a player.
(b) It is a defense to a prosecution under this section that a person charged with being a player was engaged in a social game in a private place. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) Simple gambling is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §6105.)
(a) A person commits the crime of promoting gambling if he knowingly advances or profits from unlawful gambling activity otherwise than as a player.
(b) Promoting gambling is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §6106; Acts 1979, No. 79-471, p. 862, §1.)
(a) A person commits the crime of conspiracy to promote gambling if he conspires to advance or profit from gambling activity otherwise than as a player.
(b) “Conspire” means to engage in activity constituting a criminal conspiracy as defined in Section 13A-4-3.
(c) Conspiracy to promote gambling is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §6110; Acts 1979, No. 79-471, p. 862, §1.)
(a) A person commits the crime of possession of gambling records in the first degree if with knowledge of the contents thereof, he possesses any writing, paper, instrument or article:
(1) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets, or more than $500.00; or
(2) Of a kind commonly used in the operation, promotion or playing of a lottery or mutuel scheme or enterprise, and constituting, reflecting or representing more than five plays or chances therein.
(b) Possession of gambling records in the first degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §6115; Acts 1979, No. 79-471, p. 862, §1.)
(a) A person commits the crime of possession of gambling records in the second degree if with knowledge of the contents thereof, he possesses any writing, paper, instrument or article:
(1) Of a kind commonly and peculiarly used in the operation or promotion of a bookmaking scheme or enterprise; or
(2) Of a kind commonly and peculiarly used in the operation, promotion or playing of a lottery or mutuel scheme or enterprise.
(b) Possession of gambling records in the second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §6116.)
A person does not commit the crime of possession of gambling records in either degree if the writing, paper, instrument or article possessed by the defendant is neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or mutuel scheme or enterprise. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, §6120.)
(a) A person commits the crime of possession of a gambling device if with knowledge of the character thereof he or she manufactures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of:
(1) A slot machine, unless exempted pursuant to subsection (c); or
(2) Any other gambling device, with the intention that it be used in the advancement of unlawful gambling activity.
(b) Possession of a gambling device is a Class A misdemeanor.
(c) The crime of possession of a gambling device does not apply to a slot machine manufactured before 1960, with the intention that the slot machine be used only for the personal and private use of the owner or for public display as a historical artifact in a manner that the slot machine is not accessible to the public.
(Acts 1977, No. 607, p. 812, §6125; Act 2022-189, §1.)
(a) Proof of possession of any gambling device, as defined by subdivision (5) of Section 13A-12-20 or any gambling record specified in Sections 13A-12-24 and 13A-12-25 is prima facie evidence of possession thereof with knowledge of its character or contents.
(b) In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, (1) a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation, or (2) evidence that a description of some aspect of the event was written, printed or otherwise noted at the place in which a violation of this chapter is alleged to have been committed, shall be admissible in evidence and shall constitute prima facie proof of the occurrence of the event.
(Acts 1977, No. 607, p. 812, §6130.)
It is no defense under Section 13A-12-22 relating to a lottery that the lottery itself is drawn or conducted outside Alabama and is not in violation of the laws of the jurisdiction in which it is drawn or conducted.
(Acts 1977, No. 607, p. 812, §6135.)
(a) Any gambling device or gambling record possessed or used in violation of this article is forfeited to the state, and shall by court order be destroyed or otherwise disposed of as the court directs.
(b) Any vehicle possessed or used in violation of this article may be forfeited to the state and disposed of by court order as authorized by law.
(c) Money used as bets or stakes in gambling activity in violation of this article is forfeited to the state and by court order shall be transmitted to the General Fund of the state.
(Acts 1977, No. 607, p. 812, §6140.)
The provisions of this article shall not apply to pari-mutuel betting at race meetings authorized by statute. All presently effective state statutes and laws and locally adopted ordinances and laws pursuant thereto legalizing, authorizing or allowing greyhound races and betting or wagering thereon are hereby expressly and specifically preserved, saved and excepted from any repealer provisions contained anywhere in the Criminal Code.
(Acts 1977, No. 607, p. 812, §6145.)
No person or persons shall maintain or use any electric bells, wires or signals or any elevators or dumbwaiters or other implements or appliances connected with any gaming place or rooms used for gaming, which may be used for the purpose of communicating with the occupants of such gaming house or rooms used for gaming or with those who may be within, and any person who erects, maintains or uses any such bells, wires, signals or elevators or dumbwaiters or other implements or appliances or devices of like kind for said purpose shall be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
(Acts 1909, No. 193, p. 183; Code 1923, §4282; Code 1940, T. 14, §294; Code 1975, §13-7-91.)
When it shall be made known to any district attorney who prosecutes criminal cases in the county by the chief of police, sheriff or other officer or by any reputable citizen that any hotel, tavern, inn or other building has been provided with bells, wires, signals or dumbwaiters or any of them, or other implements or appliances for communicating with the occupants of a gaming place or rooms used for gambling, or that barred or locked doors have been provided which prevent the access of any officer to said rooms where said gaming is carried on, the district attorney shall file a complaint in a court against the owner of such building or room, as well as against the keeper or proprietor of such hotel, tavern, inn or other building to obtain a mandatory injunction to compel the removal of all the things, implements or devices hereinabove mentioned and to perpetually enjoin them from permitting said hotel, tavern, inn or building to be used for the purpose of gaming, and application shall be made upon the filing of such complaint to the judge for a preliminary injunction if the district attorney will make the affidavit to said complaint which he may do on information or belief or if any other officer or citizen offers to make such affidavit so as to obtain an order for a preliminary injunction. Any party or parties operating or conducting said gaming room or place, or found therein, may be joined as parties defendant to the complaint.
(Acts 1909, No. 193, p. 183; Code 1923, §4283; Code 1940, T. 14, §295; Code 1975, §13-7-92.)
No person or persons shall exhibit or expose to view in any barred or barricaded house or room, in any place built or constructed in such manner as to make it difficult of access or ingress to police officers or other officers, or protected, furnished or equipped with speaking tubes, dumbwaiters, electric wires or bells, or other apparatus for giving alarm from the outside or from the inside of such house, or room when two or more persons are present, any cards, dice, roulette wheel or any gambling implements whatever. Any person violating the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years; and all persons who visit or resort to any such barred or barricaded house or room or other place that is built or protected or equipped in the manner described in this section and where any cards, dice, roulette wheel or any gaming implements whatever are kept or exhibited or exposed to view when said persons visit or resort to such place for the purpose of gaming, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Acts 1909, No. 193, p. 183; Code 1923, §4284; Code 1940, T. 14, §296; Code 1975, §13-7-93.)
Any person who, being the owner, proprietor, or keeper, or superintendent of any tavern, inn, restaurant, billiard room, poolroom or other public house, permits or suffers any person or persons on or about the premises to provide a barred or barricaded room or rooms to which persons resort for gaming or who knowingly or wilfully permits or knowingly or wilfully suffers any person or persons to equip any room or rooms on or about the premises with electric bells, wires or signals, or elevators, dumbwaiters or other implements or appliances connected with such rooms used or to be used for the purpose of communicating with an occupant or occupants of such gambling room or rooms, shall likewise be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
(Acts 1909, No. 193, p. 183; Code 1923, §297; Code 1940, T. 14, §297; Code 1975, §13-7-94.)
When an affidavit is made before a court of competent jurisdiction that the complainant has probable cause to believe and does believe that any house or any part of a house, particularly designating the same, is being kept or maintained contrary to the provisions of this division, or that a gaming table is being exhibited or kept at said place, or that said house or part of a house or any room therein is provided with electric bells or other instruments or appliances hereinabove set forth for communicating with the occupants of such place or room, or that some other offense under this division is being committed at said house or room, then the court to whom the application is made shall examine the complainant or affiant under oath and other witnesses, if he so desires, touching the matter charged in the affidavit, and, if the said court has probable cause for believing that the act or offense alleged in the affidavit is being committed, he shall issue his warrant directed to any lawful officer of the State of Alabama commanding him to enter the house or room and to arrest all parties found therein and to bring them before such court to be dealt with according to law.
(Acts 1909, No. 193, p. 183; Code 1923, §4286; Code 1940, T. 14, §298; Code 1975, §13-7-95.)
The officer, in executing said warrant, shall break into and enter such house, room or part of a house, upon the refusal of the proprietor or any occupant thereof to open the same, and seize all gambling instruments and bring such instruments, together with all gambling devices and the parties that are found there, before the court which issued the warrant.
(Acts 1909, No. 193, p. 183; Code 1923, §4287; Code 1940, T. 14, §299; Code 1975, §13-7-96.)
If it appears from the affidavit of the complainant or of any other witness that he produces what persons are the proprietors of or the occupants of the house, part of a house or room hereinabove described, the warrant shall order the arrest of such persons by name, but if such proprietors or occupants are unknown, it may be so stated in the affidavits and warrants, and, upon bringing the said persons who are arrested under said warrant before the court, a supplemental affidavit may be made against them by the complainant or any officer executing the warrant charging them with the offense or felony of which they appear to be guilty under the provisions of this division.
(Acts 1909, No. 193, p. 183; Code 1923, §4288; Code 1940, T. 14, §300; Code 1975, §13-7-97.)
The court shall thereupon proceed to hear the evidence in the case, and, if probable cause is shown for believing said parties or any of them to be guilty, he shall bind them over under proper bond to await the action of the grand jury in accordance with the laws of the state as prescribed in preliminary examinations before courts authorized by law to conduct preliminary examinations, and all rules of procedure applicable to such preliminary examinations shall be likewise applicable to proceedings under this division.
(Acts 1909, No. 193, p. 183; Code 1923, §4289; Code 1940, T. 14, §301; Code 1975, §13-7-98.)
The presence of electric bells, wires or signals or dumbwaiters or of other implements or appliances that may be used for the purpose of communicating with persons who are occupying a barred or barricaded room on or about the premises of a hotel, restaurant, billiard room, poolroom or any room above the grade floor in the business district of any town or city is prima facie evidence that gaming was being there carried on by such parties in any prosecution against them, if they have the general reputation of being gamblers, and in all such cases, proof of such general reputation is admissible in evidence.
(Acts 1909, No. 193, p. 183; Code 1923, §4290; Code 1940, T. 14, §302; Code 1975, §13-7-99.)
Any transportation or conveyance within this state of any slip, ticket, card, paper, writing, article, thing or other device or paraphernalia which is customarily or usually used in the operation of a form or type of lottery commonly known as a numbers (or number) game or policy game (herein called “lottery paraphernalia”) or any possession thereof in any vehicle of transportation by any person who is or has been within three years next preceding actually engaged in or connected with the setting up, conducting or operation of any such game, or who is or has been within three years next preceding an employee of a person or persons who are or have been engaged in setting up, conducting or operating of any such game is hereby declared to be a misdemeanor; and all conveyances or vehicles of transportation which have been within three years next preceding or are used by such persons for the conveying or transporting of such prohibited lottery paraphernalia into this state or from one point in the state to another point within the state, or in which conveyance any such lottery paraphernalia may be contained or found while such conveyance is in the custody or control of such person shall be contraband and shall be forfeited to the State of Alabama and shall be seized by any sheriff or other person acting under authority of the law in the enforcement of the laws of this state who become cognizant of the facts or who finds such prohibited lottery paraphernalia being transported, stored or contained as aforesaid in such conveyance or vehicle. And such officer or person shall report the seizure and the facts connected therewith to a district attorney in the county where seizure is made, or, in default thereof, to the Attorney General of the state, giving full description of the vehicle or conveyance seized and detained, the person in whose possession it was found, the person making a claim to the same, or any interest therein, if the name can be ascertained or is known, and the date of seizure.
(Acts 1951, No. 798, p. 1395; Code 1975, §13-7-111.)
In order to condemn and confiscate any of the above mentioned conveyances or vehicles, it shall not be necessary for the state or prosecuting authority to show any actual movement of said conveyance or vehicles while loaded with, or in which there is contained or stored, any of said prohibited lottery paraphernalia, but the presence thereof in any conveyance or vehicle which is in the use of, control or custody of any such person as described in Section 13A-12-70 shall be sufficient cause of forfeiture of such conveyance or vehicle.
(Acts 1951, No. 798, p. 1395; Code 1975, §13-7-112.)
Except as otherwise herein provided, the manner, method and procedure for the forfeiture and condemnation of any such vehicle shall be the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles, conveyances or vehicles in which alcoholic beverages are illegally transported. Without limiting the generality of the foregoing sentence, Sections 28-4-286 and 28-4-287 shall apply.
(Acts 1951, No. 798, p. 1395, §3; Code 1975, §13-7-113.)
The court in condemnation proceedings shall sell the right of all interested persons in and to said conveyance or vehicle who aided or assisted any such person as described in Section 13A-12-70 in the illegal transportation or who had knowledge or notice thereof, or who had knowledge of the presence thereof in said vehicle or conveyance, or who could by reasonable diligence have obtained knowledge or notice thereof. Any bona fide bailor or conditional vendor or chattel mortgagee who shall, prior to bailing, selling or accepting a mortgage upon such conveyance or vehicle, make inquiry of the sheriff and chief of police of the county and city of the residence of such bailee, vendee or mortgagor and of the sheriff and chief of police of the county and city of the place of business of the bailor, vendor or mortgagee, or of any recognized or licensed agency which makes a systematic check of court records of convictions for violations of the law and furnishes credit reports, and in answer to such inquiry shall be informed in writing that the prospective bailee, conditional vendee or mortgagor has no reputation as a person who has been engaged in operating or connected with lotteries, gambling or gaming and that such person has not according to their records been convicted of a violation of any of the laws of this state, any other state or of any municipal ordinance relating to gaming, gambling or lotteries, shall be presumed to be entitled to such conveyance or vehicle or to be protected to the extent of his interest therein.
(Acts 1951, No. 798, p. 1395, §4; Code 1975, §13-7-114.)
The proceeds of the sale of any such vehicle or conveyance forfeited to the state shall, after paying all expenses in the cause, including the costs of seizure and of keeping a property pending the proceedings, be applied as follows: One half shall be paid into the general fund of the county in which the property is seized, and the other one half shall be paid into the Law Enforcement Fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor; but provided, that when such property shall be seized by an officer of a municipality, one half thereof shall be paid into the general fund of the municipality, one quarter thereof shall be paid into the general fund of the county and the other one quarter shall be paid into the law enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor.
(Acts 1951, No. 798, p. 1395, §5; Code 1975, §13-7-115.)
The provisions of this division shall not be construed to make unlawful the transportation of articles or paraphernalia not commonly used in the conduct of any form or type of lottery commonly known as a numbers (or number) game or policy game, and no vehicle used in transporting such articles or paraphernalia not commonly used in the conduct of such game shall be subject to condemnation or forfeiture by reason of such use or transportation.
(Acts 1951, No. 798, p. 1395, §7; Code 1975, §13-7-116.)
(a) Sections 13A-12-70 to 13A-12-75, inclusive, shall not apply to a coin-operated game or device designed and manufactured for bona fide amusement purposes which, by application of some skill, only entitles the player to replay the game or device at no additional cost if a single play of the bona fide coin-operated amusement machine or device can reach no more than 25 free replays or can be discharged of accumulated free replay, or rewards the player exclusively with merchandise limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value of not more than five dollars ($5). This subsection shall not apply to any game or device classified by the United States government as requiring a federal gaming tax stamp under applicable provisions of the Internal Revenue Code.
(b) Any person who gives to any other person money or anything of value for free replays on coin-operated devices described in subsection (a) shall be guilty of a Class A misdemeanor.
(c) Sections 13A-12-70 to 13A-12-75, inclusive, shall not apply to a crane game machine or device which meets the following requirements:
(1) The crane machine or device is designed and manufactured only for bona fide amusement purposes and involves at least some skill in its operation.
(2) For a single play of the crane machine or device, the winning player is rewarded exclusively with merchandise contained within the machine itself and the merchandise is limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value not exceeding five dollars ($5).
(3) The player of the crane machine or device is able to control the timing of the use of the claw or grasping device to attempt to pick up or grasp a prize, toy, or novelty.
(4) The player of the crane machine or device is made aware of the total time which the crane machine or device allows during a game for the player to maneuver the claw or grasping device into a position to attempt to pick up or grasp a prize, toy, or novelty.
(5) The claw or grasping device is not of a size, design, or shape that prohibits picking up or grasping a prize, toy, or novelty contained within the crane machine or device.
(6) The crane machine or device is not classified by the United States government as requiring a federal gaming stamp under the Internal Revenue Code.
(d) A player of a bona fide coin-operated amusement machine may accumulate winnings for the successful play of a bona fide coin-operated amusement machine through either tokens or tickets, and may redeem these tokens or tickets for merchandise so long as the amount of tokens or tickets earned on a single play does not exceed five dollars ($5) per unit.
(e)(1) For purposes of this section, “bona fide coin-operated amusement machine” means every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object, and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player, and which can be legally shipped interstate according to federal law. Examples of bona fide coin-operated amusement machines include, but are not limited to, the following:
a. Pinball machines.
b. Console machines.
c. Video games.
d. Crane machines.
e. Claw machines.
f. Pusher machines.
g. Bowling machines.
h. Novelty arcade games.
i. Foosball or table soccer machines.
j. Miniature racetrack or football machines.
k. Target or shooting gallery machines.
l. Basketball machines.
m. Shuffleboard games.
n. Kiddie ride games.
o. Skeeball machines.
p. Air hockey machines.
q. Roll down machines.
r. Coin-operated pool table or coin-operated billiard table.
s. Any other similar amusement machine which can be legally operated in Alabama.
t. Every machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object, such as jukeboxes or other similar types of music machines.
(2) The term “bona fide coin-operated amusement machine” does not include the following:
a. Coin-operated washing machines or dryers.
b. Vending machines which for payment of money dispense products or services.
c. Gas and electric meters.
d. Pay telephones.
e. Cigarette vending machines.
f. Coin-operated scales.
g. Coin-operated gumball machines.
h. Coin-operated parking meters.
i. Coin-operated television sets which provide cable or network programming.
j. Machines which are not legally permitted to be operated in Alabama.
k. Slot machines.
l. Video poker games.
(f) Any person owning or possessing an amusement game or device described in subdivision (1) of subsection (e) or any person employed by or acting on behalf of another person who gives to another person money for noncash merchandise, prizes, toys, gift certificates, or novelties received as a reward in playing an amusement game or device shall be guilty of a Class A misdemeanor.
(Acts 1996, No. 96-588, p. 928, §1.)
The holding, owning, having in possession of, or paying the tax of a wagering occupational tax stamp issued by the internal revenue authorities of the United States shall be held in all the courts of this state as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this state.
(Acts 1953, No. 741, p. 1005, §1; Code 1975, §13-7-130.)
In cases where the proper prosecuting officers shall produce said stamp or certified copy, the grand jury may indict the holder of such stamp or the proper prosecuting officer may file information against the holder of such stamp without further proof, charging such holder with the violation of the Alabama gambling laws.
(Acts 1953, No. 741, p. 1005, §2; Code 1975, §13-7-131.)
Upon the trial of such person, proof of the owning, holding or possession of such stamp may be made by two witnesses who have seen such stamp in the place of business of the holder or on his person, or by the production of the original stamp with proof by one or more witnesses that it is the property of the defendant, or by production by the state of a copy of such stamp certified by the director of the issuing federal internal revenue district as being a copy of the stamp originally issued to the defendant. Proof made as herein provided shall be sufficient evidence, without explanation, to convict of violation of the gambling laws.
(Acts 1953, No. 741, p. 1005, §3; Code 1975, §13-7-132.)
The following definitions are applicable in Sections 13A-12-111 through 13A-12-113:
(1) ADVANCE PROSTITUTION. A person “advances prostitution” if, acting other than as a prostitute or a patron of a prostitute, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise.
(2) PROFIT FROM PROSTITUTION. A person “profits from prostitution” if, acting other than as a prostitute receiving compensation for personally-rendered prostitution services, he accepts or receives money or other property pursuant to a prior agreement with any person whereby he participates or is to participate in the proceeds of prostitution activity.
(Acts 1977, No. 607, p. 812, §6220.)
(a) A person commits the crime of promoting prostitution in the first degree if he knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years of age.
(b) Promoting prostitution in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §6221.)
(a) A person commits the crime of promoting prostitution in the second degree if he knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes other than the defendant; or
(2) Advances or profits from prostitution of a person less than 18 years of age.
(b) Promoting prostitution in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §6222.)
(a) A person commits the crime of promoting prostitution in the third degree if he knowingly advances or profits from prostitution.
(b) Promoting prostitution in the third degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §6223.)
For the purpose of this division, the term prostitution shall mean the commission by a person of any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of value.
(Act 2001-700, p. 1493, §1; Act 2019-465, §1.)
(a) No person shall commit an act of prostitution as defined in Section 13A-12-120.
(b) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of marketable value.
(c) No person shall agree to engage in sexual intercourse, sodomy, or sexual contact with another or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement.
(d) No person shall knowingly do any of the following:
(1) Cause or aid a person to commit or engage in prostitution.
(2) Procure or solicit patrons for prostitution.
(3) Provide persons or premises for prostitution purposes.
(4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.
(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise.
(Act 2001-700, p. 1493, §2; Act 2019-465, §1.)
(a) No person shall commit an act of prostitution, as defined in Section 13A-12-120, with a minor.
(b) No person shall solicit, compel, or coerce any minor to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of marketable value.
(c) No person shall agree to engage in sexual intercourse, deviate sexual intercourse, or sexual contact with a minor or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement.
(d) No person shall knowingly do any of the following:
(1) Cause or aid a minor to commit or engage in prostitution.
(2) Procure or solicit a minor for prostitution.
(3) Provide premises for the prostitution of a minor.
(4) Receive or accept money or other thing of value pursuant to a prior agreement with a minor where the minor participates or is to participate in the proceeds of any prostitution activity.
(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise where minors participate in prostitution.
(6) Sell or offer to sell travel services that include or facilitate travel for the purpose of engaging in sexual intercourse, sexual acts, deviate sexual intercourse, or any other sexual contact with a minor.
(Act 2018-506, §5.)
(a) Each violation of Section 13A-12-121 is a Class A misdemeanor.
(b) A violation of Section 13A-12-121.1 is a Class B felony.
(Act 2001-700, p. 1493, §3; Act 2018-506, §6.)
A sexually exploited child, as defined in Section 12-15-701, who is alleged to have committed a violation of Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts, shall be treated pursuant to Section 13A-6-181.
(Act 2016-282, §2.)
(a) As used in this section, the term minor victim means a person who committed, or was solicited to commit, an act of prostitution while the person was a minor.
(b) Evidence of any of the following facts or conditions does not constitute a defense in a prosecution under Section 13A-12-121.1, nor shall the evidence preclude a finding of a violation:
(1) A minor victim’s sexual history or history of commercial sexual activity.
(2) A minor victim’s connection by blood or marriage to a defendant in the case or to anyone involved in the minor victim’s prostitution.
(3) Consent of or permission by a minor victim or anyone else on the minor victim’s behalf to any commercial sex act or sexually explicit performance.
(4) Age of consent to engage in sexual activity.
(5) Mistake as to the minor victim’s age, even if the mistake is reasonable.
(Act 2018-506, §7.)
In addition to all other fines and penalties prescribed by law, a person convicted of violating Section 13A-6-152, Section 13A-6-153, Section 13A-12-111, Section 13A-12-112, Section 13A-12-121, or Section 13A-12-121.1 shall pay a fine of five hundred dollars ($500) which shall be used to compensate victims of prostitution and human trafficking. The fine shall be deposited into the State Treasury to the credit of the Alabama Crime Victims Compensation Fund under Section 15-23-16. Amounts deposited into the Alabama Crime Victims Compensation Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.
(Act 2018-506, §7.)
(a) A person commits the crime of public lewdness if:
(1) He exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(2) He does any lewd act in a public place which he knows is likely to be observed by others who would be affronted or alarmed.
(b) Public lewdness is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §6325.)
It shall be unlawful for any person to display in public any bumper sticker, sign or writing which depicts obscene language descriptive of sexual or excretory activities. Any person convicted of a violation of this section shall be guilty of a Class C misdemeanor and shall be punished as prescribed by law.
(Acts 1987, No. 87-808.)
For the purposes of this division, the following terms have the following meanings:
(1) BREAST NUDITY. The lewd showing of the post-pubertal human female breasts below a point immediately above the top of the areola.
(2) CHILD SEXUAL ABUSE MATERIAL. Any visual depiction of an individual under 18 years of age engaged in any act of sexually explicit conduct, including a virtually indistinguishable depiction.
(3) DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot, or vehicle.
(4) DISSEMINATE. To transmit, distribute, sell, lend, provide, transfer, or show, including through electronic means.
(5) GENITAL NUDITY. The lewd showing of the genitals or pubic area.
(6) KNOWINGLY. A person knowingly acts when the person knows the nature of the child sexual abuse material. A person knows the nature of the material when either of the following circumstances exist:
a. The person is aware of the character and content of the material.
b. The person recklessly disregards circumstances suggesting the character and content of the material.
(7) MASTURBATION. Manipulation, by hand or instrument, of the human genitals, whether one’s own or another’s for the purpose of sexual stimulation.
(8) OTHER SEXUAL CONDUCT. Any touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(9) PUBLIC THOROUGHFARE, DEPOT, OR VEHICLE. Any street, highway, park, depot, or transportation platform or other place, whether indoors or outdoors, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment, or transportation of the general public.
(10) SADOMASOCHISTIC ABUSE. Either of the following:
a. Flagellation or torture, for the purpose of sexual stimulation, by or upon an individual who is nude or clad in undergarments or in a revealing or bizarre costume.
b. The condition of an individual who is nude or clad in undergarments or in a revealing or bizarre costume being fettered, bound, or otherwise physically restrained for the purpose of sexual stimulation.
(11) SEPARATE OFFENSE. The depiction of an individual less than 18 years of age that violates this division shall constitute a separate offense for each single visual depiction.
(12) SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation.
(13) SEXUAL INTERCOURSE. Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex or between a human and an animal.
(14) SEXUALLY EXPLICIT CONDUCT. Actual or simulated conduct that includes sadomasochistic abuse, sexual excitement, sexual intercourse, masturbation, breast nudity, genital nudity, or other sexual conduct.
(15) VIRTUALLY INDISTINGUISHABLE DEPICTION. A visual depiction created, altered, or produced by digital, computer generated, or other means that a reasonable person would conclude is of an actual individual under 18 years of age engaged in sexually explicit conduct.
(Acts 1978, No. 592, p. 705, §1; Code 1975, §13-7-230; Acts 1984, No. 84-285, p. 492, §1; Act 2006-112, p. 166, §1; Act 2019-465, §1; Act 2024-98, §3.)
(a) Any person who shall knowingly disseminate or display publicly any child sexual abuse material shall be guilty of a Class B felony.
(b) Any person who shall knowingly advertise, promote, present, distribute, or solicit by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is a visual depiction of an actual individual under 18 years of age engaging in sexually explicit conduct shall be guilty of a Class B felony.
(Acts 1978, No. 592, p. 705, §2; Code 1975, §13-7-231; Acts 1984, No. 84-285, p. 492, §2; Act 2006-112, p. 166, §1; Act 2024-98, §3.)
(a) Any person who knowingly possesses with intent to disseminate any child sexual abuse material shall be guilty of a Class B felony. Any transfer of child sexual abuse material from any electronic device to any other device, program, application, or any other place with storage capability that can be made available or is accessible by other users, is prima facie evidence of possession with intent to disseminate.
(b) Any person who knowingly possesses any child sexual abuse material shall be guilty of a Class C felony.
(Acts 1978, No. 592, p. 705, §3; Code 1975, §13-7-232; Acts 1984, No. 84-285, p. 492, §3; Act 2006-112, p. 166, §1; Act 2019-465, §1; Act 2024-98, §3.)
(a) In proving that an individual in a visual depiction who is engaged in any sexually explicit conduct is under 18 years of age, the state is not required to introduce into evidence a birth certificate, produce testimony as to the date of birth of the individual, or produce testimony of any person who knows or is acquainted with the individual alleged to be under 18 years of age. If the defendant or the state intends to rely on a birth certificate to prove the date of birth of any individual, the defendant or the state shall file with the clerk of the court in which the action is pending, at least 15 days prior to trial, a notice of an intention to rely on an official, certified copy of a birth certificate together with a copy of the birth certificate.
(b) The factfinder may infer from the following factors whether or not the individual displayed or depicted in any visual depiction is under 18 years of age:
(1) The general body growth and bone structure of the individual.
(2) The development of pubic hair or body hair on the individual.
(3) The development of the individual’s sexual organs.
(4) The context in which the individual is placed by any accompanying printed or text material.
(5) Any expert testimony as to the degree of maturity of the individual.
(c) The existence of any or all of the factors listed in subsection (b) shall not operate to change the requirement that before any conviction may be had, the state must convince the factfinder beyond a reasonable doubt that the individual engaged in the sexually explicit conduct is or is virtually indistinguishable from an individual under 18 years of age.
(d) It is an affirmative defense to prosecution under this division if the actual individual purported to be under 18 years of age and engaged in sexually explicit conduct was an actual individual 18 years of age or older at the time of the offense.
(Acts 1978, No. 592, p. 705, §4; Code 1975, §13-7-233; Acts 1984, No. 84-285, p. 492, §4; Act 2006-112, p. 166, §1; Act 2024-98, §3.)
The state shall not be required to establish the actual existence or identity, either in the indictment or in any subsequent proceeding, of the individual alleged to be under 18 years of age who is engaged in any act of sexually explicit conduct.
(Acts 1978, No. 592, p. 705, §5; Code 1975, §13-7-234; Acts 1984, No. 84-285, p. 492, §5; Act 2006-112, p. 166, §1; Act 2024-98, §3.)
[Repealed]
REPEALED BY ACT 2024-98, EFFECTIVE OCTOBER 1, 2024.
(Acts 1978, No. 592, p. 705, §6; Code 1975, §13-7-235; Acts 1984, No. 84-285, p. 492, §6.)
Any responsible person, as defined in Section 26-15-2, who knowingly permits or allows his or her child, ward, or dependent under 18 years of age to engage in the production of any child sexual abuse material containing a visual depiction of the child, ward, or dependent shall be guilty of a Class A felony.
(Acts 1978, No. 592, p. 705, §7; Code 1975, §13-7-236; Acts 1984, No. 84-285, p. 492, §7; Act 2006-112, p. 166, §1; Act 2024-98, §3.)
Any person who knowingly films, prints, records, photographs, or otherwise produces any child sexual abuse material shall be guilty of a Class A felony.
(Acts 1978, No. 592, p. 705, §8; Code 1975, §13-7-237; Acts 1984, No. 84-285, p. 492, §8; Act 2006-112, p. 166, §§1, 2; Act 2024-98, §3.)
(a) For the purposes of this division, each depiction of child sexual abuse material that violates any section constitutes a separate offense.
(b) No Internet service provider, search engine, cloud service provider, or affiliate or subsidiary of any of the same, shall be held to have violated this division solely for providing access or connection to or from a website, other information or content on the Internet, or a facility, system, or network not under the control of the provider, including, but not limited to, the transmission, download, or intermediate storage of content that is child sexual abuse material.
(Act 2024-98, §4.)
Any article, equipment, machine, materials, matter, vehicle, or other thing used in the commercial production, transportation, dissemination, display, or storage of any child sexual abuse material shall be contraband and shall be forfeited to the State of Alabama. The manner, method, and procedure for the forfeiture and condemnation of the thing shall be the same as is provided by law for the confiscation, condemnation, or forfeiture of automobiles, conveyances, or vehicles in which alcoholic beverages are illegally transported.
(Acts 1978, No. 592, p. 705, §9; Code 1975, §13-7-238; Act 2024-98, §3.)
As used in this division, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ADULT BOOKSTORES and ADULT VIDEO STORES. A commercial establishment in which is offered for sale or rent any book, video, film, or other medium which in the aggregate constitute substantially all of its stock or inventory which depicts sexual conduct as defined herein.
(2) ADULT MOVIE HOUSE. A place where obscene “adult films” depicting sexual conduct are shown.
(3) ADULT-ONLY ENTERTAINMENT. Any commercial establishment or private club where entertainers, employees, dancers, or waiters appear nude or semi-nude.
(4) BREAST NUDITY. The showing of the post-pubertal human female breasts below a point immediately above the top of the areola.
(5) DISPLAY FOR SALE. To expose, place, exhibit, show, or in any fashion display any material for the purpose of the sale of such material to any person in a manner that a minor can physically examine or see the material.
(6) DISSEMINATE PUBLICLY. To expose, place, perform, exhibit, show or in any fashion display, in any location, public or private, any material in a manner that the material can either be readily seen and its content or character distinguished by normal unaided vision or be physically examined, by viewing or examining the material from any public place or any place to which members of the general public are invited.
(7) DISTRIBUTE. To import, export, sell, rent, lend, transfer possession of or title to, display, exhibit, show, present, provide, broadcast, transmit, retransmit, communicate by telephone, play, orally communicate or perform.
(8) EXPORT. To send or cause to be sent outside of the State of Alabama from inside the state.
(9) FOR ANY THING OF PECUNIARY VALUE. In exchange for, in return for, or for any consideration consisting of, whether wholly or partly:
a. Any money, negotiable instrument, debt, credit, chose in action, interest in wealth, or any other property whether real or personal, tangible or intangible; or
b. Any offer or agreement to pay, furnish or provide any money, negotiable instrument, debt, credit, chose in action, interest in wealth, or any other property whether real or personal, tangible or intangible.
(10) GENITAL NUDITY. The showing of the human male or female genitals or pubic area.
(11) HARMFUL TO MINORS. The term means:
a. The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest of minors; and
b. The material depicts or describes sexual conduct, breast nudity or genital nudity, in a way which is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
c. A reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
(12) IMPORT. To bring or cause to be brought into the State of Alabama from outside of the state.
(13) KNOWINGLY. The term means knowingly, as defined by Section 13A-2-2(2), doing an act involving a material when the person knows the nature of the material.
(14) KNOWS THE NATURE OF THE MATERIAL.
A person knows the nature of the material when any one of the following exists:
a. The person knows the nature of the material;
b. The person has reason to know the nature of the material;
c. The person has a belief or reasonable ground for belief as to the nature of the material which warrants further inspection or inquiry of the character and content of the material.
(15) MATERIAL. Any book, magazine, newspaper, printed or written matter, writing, description, picture, drawing, animation, photograph, motion picture, film, video tape, pictorial representation, depiction, image, electrical or electronic reproduction, broadcast, transmission, telephone communication, sound recording, article, device, equipment, matter, oral communication, live performance, or dance.
(16) MINOR. Any unmarried person under the age of 18 years.
(17) OBSCENE. The term means that:
a. The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest; and
b. The material depicts or describes, in a patently offensive way, sexual conduct, actual or simulated, normal or perverted; and
c. A reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, political or scientific value.
(18) PERSON. Any individual and, except where inappropriate, any partnership, firm, association, corporation or other legal entity.
(19) PRODUCE. Create, make, write, film, produce, reproduce, direct, or stage.
(20) RECKLESSLY. The term means recklessly, as defined by Section 13A-2-2(3), doing an act involving a material when the person knows the nature of the material.
(21) SADO-MASOCHISTIC ABUSE. The term means:
a. Flagellation or torture, in an act of sexual stimulation, by or upon a person who is nude or clad in undergarments or in a revealing or bizarre costume; or
b. The binding or physical restraining of a person who is nude or clad in undergarments or in a revealing or bizarre costume in an act of sexual stimulation.
(22) SEXUAL CONDUCT. The term means:
a. Any act of sexual intercourse, masturbation, urination, defecation, lewd exhibition of the genitals, sado-masochistic abuse, bestiality, or the fondling of the sex organs of animals; or
b. Any other physical contact with a person’s unclothed genitals, pubic area, buttocks, or the breast or breasts of a female, whether alone or between members of the same or opposite sex or between a human and an animal, in an act of sexual stimulation, gratification or perversion.
(23) SEXUAL INTERCOURSE. Intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, and whether between persons of the same or opposite sex or between a human and an animal.
(24) WHOLESALER. A person who distributes material for the purpose of resale or commercial distribution at retail.
(Acts 1989, No. 89-402, p. 791, §3; Act 98-467, p. 893, §6.)
(a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year. A second or subsequent violation of this subdivision is a Class C felony if the second or subsequent violation occurs after a conviction has been obtained for a previous violation. Upon a second violation, a corporation or business entity shall be fined not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
(2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, possess with intent to distribute, or offer or agree to distribute, for the purpose of resale or commercial distribution at retail, any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year. A second or subsequent violation of this subdivision is a Class C felony if the second or subsequent violation occurs after a conviction has been obtained for a previous violation. Upon a second violation, a corporation or business entity shall be fined not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
(3) It shall be unlawful for any person to knowingly produce, or offer or agree to produce, any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal. Any person who violates this subsection shall be guilty of a Class C felony.
(4) If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
(Acts 1989, No. 89-402, p. 791, §4; Act 98-467, p. 893, §6.)
It shall be unlawful for any person to knowingly procure or write advertisement for obscene material or disseminate publicly any obscene material. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail for not more than one year.
If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
(Acts 1989, No. 89-402, p. 791, §5; Act 98-467, p. 893, §6.)
It shall be an affirmative defense to a charge of violating Sections 13A-12-200.2 and 13A-12-200.3 that the act charged was done for a bona fide medical, scientific, educational, legislative, judicial, or law enforcement purpose.
(Acts 1989, No. 89-402, p. 791, §6.)
(1) It shall be unlawful for any person to knowingly or recklessly distribute to a minor, possess with intent to distribute to a minor, or offer or agree to distribute to a minor any material which is harmful to minors. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail for not more than one year.
(2)a. It shall be unlawful for any person to openly and knowingly display for sale at any business establishment frequented by minors, or any other place where minors are or may be invited as part of the general public, any material which is harmful to minors or to hire or employ a minor in an establishment that displays or disseminates material containing nudity or sexual conduct; provided, however, that a person shall not be deemed to have violated the provisions of this subsection, relating to display for sale, by displaying material harmful to minors in sealed wrappers or behind opaque covers commonly known as “blinder racks” so that in either event the material is located at a height of not less than five and one-half feet from the floor, the lower two-thirds of the material is concealed from view, the content of such material is not available for inspection by minors, and other reasonable efforts are made to prevent minors from perusing the material. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail for not more than one year. Any person who hires or employs a person in violation of this subsection is guilty of a Class C felony and, upon conviction, shall be fined not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
b. This section shall not be applicable to employment of minors in establishments that sell or rent video cassettes or films that contain nudity or sexual acts if the cover of the video cassettes or films does not contain a depiction of nudity or sexual acts and the video cassettes or films are displayed in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction of the material contained in the video cassette or film.
(3) The following shall be affirmative defenses to a charge of violating this section as it may relate to a particular minor:
a. The minor exhibited to the defendant, his agent or employee a draft card, driver’s license, birth certificate, marriage license or other governmental document purporting to show that such minor was not an unmarried person under the age of 18 years and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the minor was an unmarried person under the age of 18.
b. A parent or legal guardian accompanied the minor or consented to the act charged.
c. The defendant is the parent or legal guardian of the minor.
d. The act charged was done for a bona fide medical, scientific, educational, legislative, judicial or law enforcement purpose.
(4) It shall be unlawful for any person to operate an adult bookstore, adult movie house, adult video store, or other form of adult-only enterprise within 1,000 feet of a church, place of worship, church bookstore, public park, public housing project, daycare center, public or private school, college, recreation center, skating rink, video arcade, public swimming pool, private residence, or any other place frequented by minors. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail for not more than one year.
(5) This subsection shall not be applicable to any video rental store that does not engage predominantly in and whose principle business is not the sale or rental of adult material, if the material is maintained in compliance with Section 13A-12-200.5(2), or is located in an area that is restricted to adults.
(6) If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
(Acts 1989, No. 89-402, p. 791, §7; Act 98-467, p. 893, §6.)
The Governor of this state may demand from the governor of any other state the extradition of any person found in such other state who is charged with any violation of any of the provisions of this division.
(Acts 1989, No. 89-402, p. 791, §8.)
(1) When there is reason to believe that any person is violating or is about to violate any of the provisions of this division, the Attorney General or district attorney may initiate a civil action in the circuit court in the name of the State of Alabama against such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent with this section; provided, however, that no temporary restraining order shall be issued pursuant to this section. No bond shall be required of the official bringing the action and the official, the political subdivision and the officers, agents, and employees of the political subdivision shall not be liable for costs or damages, other than court costs, by reason of injunctive orders not being granted or where judgment is entered in favor of the defendant by the trial or an appellate court.
(2) The court shall hold the hearing on the preliminary injunction at the earliest possible time after service of the complaint and motion for preliminary injunction upon the defendant. The defendant shall be given an opportunity to present evidence prior to the issuance of any preliminary injunction. It shall be the duty of the State of Alabama at the hearing to prove by clear and convincing evidence that the violation is being or is about to be committed. The court shall then issue an order granting or denying the preliminary injunction at the earliest possible time after the conclusion of the hearing.
(3) The defendant shall have the right to demand a trial on the merits to begin within 30 days after issuance or denial of the preliminary injunction. The finding of the court regarding the question of whether the material is obscene or harmful to minors at the preliminary injunction stage shall not be binding upon the final order on the merits at trial on the permanent injunction. The court shall reserve the right to reconsider its preliminary findings based upon the evidence or testimony which may be introduced at such trial. The defendant shall be given an opportunity to present evidence prior to the issuance of any permanent injunction. It shall be the duty of the State of Alabama at trial to prove by clear and convincing evidence that the violation is being or is about to be committed. The court shall then issue an order granting or denying the permanent injunction at the earliest possible time after the conclusion of the trial.
(4) If the court enters a final order denying the permanent injunction on the basis that the material is not obscene or harmful to minors, as the case may be, then no contempt shall be found for violation of any preliminary injunction relating thereto. Nothing in this section shall be deemed to authorize a prior restraint of speech in violation of the United States Constitution. Hearings and determinations required pursuant to this section shall take precedence over all other matters, and, in any event such hearings shall be held and determinations made within time limits mandated by the United States Constitution.
(Acts 1989, No. 89-402, p. 791, §9.)
(a) The following property is subject to forfeiture:
(1) All obscene material and material which is harmful to minors used, intended to be used or obtained in violation of the provisions of this division;
(2) All moneys, negotiable instruments, and funds used, intended to be used, or obtained in any violation of the provisions of this division;
(3) All proceeds or receipts derived from property which is subject to forfeiture pursuant to subdivisions (a)(1) and (a)(2) of this section.
(b) Property taken or detained under this section shall not be subject to replevin but is deemed to be in the custody of the state, county or municipal law enforcement agency subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this division, the state, county or municipal law enforcement agency may:
(1) Place the property under seal;
(2) Remove the property to a place designated by it; and
(3) In the case of real property or fixtures, post notice of the seizure on the property, and file and record notice of seizure in the probate office.
(c) The following is the procedure regarding the seizure of property subject to forfeiture under subsection (a) of this section:
(1) Property subject to forfeiture may be seized by state, county or municipal law enforcement agencies upon process issued by any court having jurisdiction over the property upon a showing of probable cause; provided, however, that not more than one copy of each expressive material may be seized prior to a judicial determination, after a hearing at which all proper parties have an opportunity to be heard and present evidence, that the expressive material is obscene material or material which is harmful to minors and, in either case, subject to forfeiture under this division.
(2) In the event of seizure, a forfeiture action pursuant to subdivision (c)(4) of this section shall be instituted promptly and within time limits mandated by the United States Constitution.
(3) At any time after seizure, and prior to trial, the state, defendant, owner, or other proper party, may file with the appropriate circuit court, a written demand for an adversary hearing for the purpose of obtaining with regard to expressive material only a preliminary determination of obscenity, harmfulness to minors, and whether the property is subject to forfeiture. Such adversary hearing shall be held as soon as possible. At such adversary hearing, all proper parties shall be given the opportunity to present evidence. It shall be the duty of the State of Alabama at the hearing to prove by clear and convincing evidence that the seized property is subject to forfeiture under subsection (a) herein. The court shall render a decision within time limits mandated by the United States Constitution and, if the court does not find the property to be subject to forfeiture, it shall immediately order the property to be returned. Should the court find the property to be subject to forfeiture, it shall order the property to be retained as evidence. A finding by the court that the property is subject to forfeiture shall not be binding at the trial on the merits.
(4) The Attorney General or district attorney may initiate a forfeiture action in the name of the State of Alabama in the circuit court. The action shall be heard and determined within time limits mandated by the United States Constitution. It shall be the duty of the State of Alabama at the hearing to prove by clear and convincing evidence that the property should be forfeited. It shall be an affirmative defense to the forfeiture action to the extent of the owner’s interest that the owner of the obscene material, material which is harmful to minors, moneys, negotiable instruments, funds, proceeds or receipts, neither consented to nor had knowledge of the acts which would otherwise result in forfeiture. It shall be an affirmative defense to any bona fide lienholder to the extent of the lienholder’s interest that the lienholder neither consented to nor had knowledge of the acts which would otherwise result in forfeiture. The defendant shall be given the opportunity to present evidence.
(d) Nothing in this section shall be deemed to authorize a prior restraint of speech in violation of the United States Constitution. All hearings and determinations required pursuant to this section shall be heard and determined within time limits mandated by the United States Constitution.
(e) After trial on the merits, the court shall issue such forfeiture and seizure orders as are proper under the law and facts. The court shall order obscene material and material which is harmful to minors which is forfeited to be destroyed or retained for official law enforcement use. Where the court orders the forfeiture of one copy of an expressive material, it may also order the seizure and forfeiture of all other copies of such expressive material of the defendant which is subject to forfeiture. The court shall further order such moneys, negotiable instruments, funds, proceeds, or receipts, which are forfeited to be (1) distributed directly to the general fund of the state, county or municipality whose enforcement agencies investigated the acts resulting in forfeiture or (2) sold and distributed, after payment of all proper expenses relating to the forfeiture and sale, to the general fund of the state or any county or municipality whose department, office, or agency contributed to the investigation of the acts resulting in forfeiture, based upon the contribution, including expenses, of the department, office, or agency, or agency as determined by the court.
(f) Where any property owned or possessed by a person is subject to forfeiture pursuant to this section but because of any act, omission, or consent by such person the property (1) cannot be located upon the exercise of due diligence, (2) has been transferred or sold to, or deposited with, a third party, (3) has been placed beyond the jurisdiction of the court, (4) has been substantially diminished in value or, (5) has been commingled with other property which cannot be divided without difficulty, and such person knowingly participated either as a principal, aider and abettor, or conspirator in the acts subjecting the property to forfeiture, the Attorney General or district attorney may initiate a civil action in the name of the State of Alabama against such person for forfeiture of a money judgment amount up to the value of and in lieu of the property described in (1) through (5) of this subsection. Such judgment upon satisfaction shall be distributed as provided in subsection (e) of this section.
(Acts 1989, No. 89-402, p. 791, §10.)
The provisions of this division shall not be deemed to repeal, amend, affect, or limit the Alabama Red Light Abatement Act or the provisions of the Code of Alabama pertaining to obscene materials displaying or depicting children, as contained in Sections 13A-12-190 through 13A-12-198. Nothing in this division shall be presumed to invalidate, repeal, or preempt, any city or county ordinance governing the subject matter of this division and not in conflict with the provisions of this division.
(Acts 1989, No. 89-402, p. 791, §11.)
The criminal provisions of this division shall not apply to bona fide public libraries, or public school or college or university libraries, or their employees or agents acting on behalf of the legitimate educational purposes of such public libraries, or public school or college or university libraries.
(Acts 1989, No. 89-402, p. 791, §12.)
It shall be unlawful for any business establishment or any private club to show or allow to be shown for entertainment purposes the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. A violation of this section shall be a Class C felony.
If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
(Act 98-467, p. 893, §7.)
(a) Any business establishment that operates as an “adult bookstore,” “adult movie house,” “adult video store,” or other form of adult-only entertainment enterprise shall obtain in addition to any licenses required by existing law a special operating license, except that a video rental store that does not engage predominantly in and whose principle business is not the sale or rental of adult material, if it is maintained in compliance with Section 13A-12-200.5(2) or is located in an area restricted to adults. Persons who apply for the license shall provide on the application detailed information concerning ownership and financing, and pay an investigation fee of five hundred dollars ($500) to the county or municipality wherein the business establishment will be located.
(b) If granted the license, the local government, in its discretion, may restrict the type of advertisement that the business establishment can display outside the establishment.
(c) The license shall be revoked if the business establishment is convicted of violating this division.
(Act 98-467, p. 893, §8.)
This division shall be entitled “The Drug Predator Control Act of 1987.”
(Acts 1987, No. 87-612, p. 1061, §1; Code 1975, §20-2-160; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(6).)
(a) A person is guilty of criminal solicitation to commit a controlled substance crime if he engages in the conduct defined as criminal solicitation in Section 13A-4-1(a), and the crime solicited is a controlled substance crime.
(b) The principles of liability and defenses for criminal solicitation to commit a controlled substance crime are the same as those specified in Sections 13A-4-1(b) through (e), and Section 13A-4-5.
(c) Criminal solicitation to commit a controlled substance crime shall be punished the same as the controlled substance crime solicited.
(Acts 1987, No. 87-612, p. 1061, §2; Code 1975, §20-2-161; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(7).)
(a) A person is guilty of an attempt to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-2(a), and the crime attempted is a controlled substance crime.
(b) The principles of liability and defenses for an attempt to commit a controlled substance crime are the same as those specified in Sections 13A-4-2(b) through (c), and in Section 13A-4-5.
(c) An attempt to commit a controlled substance crime shall be punished the same as the controlled substance crime attempted.
(Acts 1987, No. 87-612, p. 1061, §3; Code 1975, §20-2-162; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(8).)
(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.
(b) The principles of liability and defenses for criminal conspiracy to commit a controlled substance crime are the same as those specified in Sections 13A-4-3(b) through (f), Section 13A-4-4, and Section 13A-4-5.
(c) A criminal conspiracy to commit a controlled substance crime shall be punished the same as the controlled substance crime that is the object of the conspiracy.
(Acts 1987, No. 87-612, p. 1061, §4; Code 1975, §20-2-163; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(9).)
Attempt, criminal solicitation, and criminal conspiracy to commit a controlled substance crime are offenses included in any controlled substance crime that is charged, and a defendant charged with any controlled substance crime may be convicted of attempt, solicitation, or conspiracy to commit it.
(Acts 1987, No. 87-612, p. 1061, §5; Code 1975, §20-2-164; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(10).)
This division shall be entitled “The Drug Crimes Amendments Act of 1987.”
(Acts 1987, No. 87-603, p. 1047, §1; 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(11).)
(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V.
(b) Unlawful distribution of controlled substances is a Class B felony.
(c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance:
(1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine.
(2) More than two grams, but less than four grams, of any mixture of morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25.
(3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine.
(4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine.
(5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof.
(6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof.
(7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component.
(d) Unlawful possession with intent to distribute a controlled substance is a Class B felony.
(Acts 1987, No. 87-603, p. 1047, §2; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2012-393, p. 1052, §1; Act 2018-552, §1.)
(a) A person commits the crime of unlawful possession of controlled substance if:
(1) Except as otherwise authorized, he or she possesses a controlled substance enumerated in Schedules I through V.
(2) He or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V or a precursor chemical enumerated in Section 20-2-181.
(b) Unlawful possession of a controlled substance is a Class D felony.
(Acts 1987, No. 87-603, p. 1047, §3; Act 2012-237, p. 445, §2; Act 2015-185, §2.)
(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized:
(1) He or she possesses marihuana for other than personal use; or
(2) He or she possesses marihuana for his or her personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his or her personal use only.
(b) Unlawful possession of marihuana in the first degree pursuant to subdivision (1) of subsection (a) is a Class C felony.
(c) Unlawful possession of marihuana in the first degree pursuant to subdivision (2) of subsection (a) is a Class D felony.
(Acts 1987, No. 87-603, p. 1047, §4; Act 2015-185, §2.)
(a) A person commits the crime of unlawful possession of marihuana in the second degree if, except as otherwise authorized, he possesses marihuana for his personal use only.
(b) Unlawful possession of marihuana in the second degree is a Class A misdemeanor.
(Acts 1987, No. 87-603, p. 1047, §5.)
(a) The possession of salvia divinorum or salvinorum A, including all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts shall be illegal in this state.
(b) A violation of subsection (a) shall be subject to the same penalties as a violation of Sections 13A-12-213 and 13A-12-214.
(Act 2010-717, p. 1778, §1; Act 2012-267, p. 517, §2.)
(a) This section shall be known and may be cited as “Carly’s Law.”
(b) As used in this section, the following words shall have the following meanings:
(1) AUTHORIZED BY THE UAB DEPARTMENT. Authorized by the UAB Department means that Cannabidiol (CBD) has been prescribed by a health care practitioner employed by or on behalf of the UAB Department.
(2) CANNABIDIOL (CBD). [13956-29-1]. A (nonpsychoactive) cannabinoid found in the plant Cannabis sativa L. or any other preparation thereof that is essentially free from plant material, and has a THC level of no more than 3 percent. Also known as (synonyms): 2-[(1R,6R)-3-Methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol; trans-(-)-2-p-mentha-1,8-dien-3-yl-5-pentylresorcinol; (-)-Cannabidiol; (-)-trans-Cannabidiol; Cannabidiol (7CI); D1(2)-trans-Cannabidiol.
(3) DEBILITATING EPILEPTIC CONDITION. Epilepsy or other neurological disorder, or the treatment of epilepsy or other neurological disorder that, as diagnosed by a board-certified neurologist under the employment or authority of the UAB Department, produces serious, debilitating, or life-threatening seizures.
(4) UAB DEPARTMENT. The Department of Neurology at the University of Alabama at Birmingham, its successors, or any subdivisions.
(c) In a prosecution for the unlawful possession of marijuana under the laws of this state, it is an affirmative and complete defense to the prosecution that the defendant has a debilitating epileptic condition and used or possessed cannabidiol (CBD) pursuant to a prescription authorized by the UAB Department.
(d) In a prosecution for the unlawful possession of marijuana under the laws of this state, it is an affirmative and complete defense to the prosecution that the defendant possessed cannabidiol (CBD) because he or she is the parent or caretaker of an individual who has a debilitating epileptic condition and who has a prescription for the possession and use of cannabidiol (CBD) as authorized by the UAB Department, and where the parent or caretaker’s possession of the CBD is on behalf of and otherwise for the prescribed person’s use only.
(e) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home of a parent based solely upon the parent’s or child’s possession or use of cannabidiol (CBD) as authorized by this section.
(f) A prescription for the possession or use of cannabidiol (CBD) as authorized by this section shall be provided exclusively by the UAB Department for a debilitating epileptic condition. Health care practitioners of the UAB Department shall be the sole authorized source of any prescription for the use of cannabidiol (CBD), and shall be the sole authorized source to use cannabidiol (CBD) in or as a part of the treatment of a person diagnosed with a debilitating epileptic condition. A health care practitioner of the UAB Department shall have the sole authority to determine the use or amount of cannabidiol (CBD), if any, in the treatment of an individual diagnosed with a debilitating epileptic condition.
(g) The UAB Department and any UAB School of Medicine affiliated pediatric training entity, including any authorized physician, nurse, attendant, or agent thereof, shall not be subject to prosecution for the unlawful possession, use, distribution, or prescription of marijuana under the laws of this state for its activities arising directly out of or directly related to the prescription or use of cannabidiol (CBD) in the treatment of individuals diagnosed with a debilitating epileptic condition.
(h) The UAB Department will establish a research and development study purposed to determine medical uses and benefits of cannabidiol (CBD) for individuals with debilitating epileptic conditions.
(i) The UAB Department and any UAB School of Medicine affiliated pediatric training entity, including any authorized physician, nurse, attendant, or agent thereof, shall not be subject to prosecution for the unlawful possession, use, or distribution of marijuana under the laws of this state for its activities arising directly out of or directly related to the department’s research and development activities in pursuit of medical benefits and uses of cannabidiol (CBD) , as long as the prescription, treatment, or use of cannabidiol (CBD) is provided only to individuals diagnosed with a debilitating epileptic condition.
(j) Pursuant to the filing requirements of Rule 15.3 of the Alabama Rules of Criminal Procedure, the defendant shall produce a valid prescription, certification of a debilitating epileptic condition, and the name of the prescribing health care professional authorized by the UAB Department.
(k) This section is repealed July 1, 2020.
(l) Nothing in this section shall be construed to allow or accommodate the prescription, testing, medical use, or possession of any other form of Cannabis other than that defined by this section.
(Act 2014-277, p. 881, §§1-4; Act 2019-511, §2.)
(a)(1) This section shall be known and may be cited as Leni’s Law.
(2) For the purposes of this section, the following terms shall have the following meanings:
a. CANNABIDIOL (CBD). [13956-29-1]. A (nonpsychoactive) cannabinoid found in the plant Cannabis sativa L. or any other preparation thereof that is free from plant material, and has a THC level (delta-9-tetrahydrocannibinol) of no more than three percent relative to CBD according to the rules adopted by the Alabama Department of Forensic Sciences. Also known as (synonyms): 2-[(1R,6R)-3-Methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol; trans-(-)-2-p-mentha-1,8-dien-3-yl-5-pentylresorcinol; (-)-Cannabidiol; (-)-trans-Cannabidiol; Cannabidiol (7CI); D1(2)-tran-Cannabidiol and that is tested by a independent third-party laboratory.
b. DEBILITATING MEDICAL CONDITION. A chronic or debilitating disease or medical condition including one that produces seizures for which a person is under treatment.
(3) In addition to the affirmative defense provided in Section 13A-12-214.2, in a prosecution for the unlawful possession of marijuana in the second degree under Section 13A-12-214, it is an affirmative and complete defense that the defendant used or possessed CBD if the defendant satisfies either of the following:
a. He or she has a debilitating medical condition.
b. He or she is the parent or legal guardian of a minor who has a debilitating medical condition, and the CBD is being used by the minor.
(4) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home of a parent or guardian, nor initiate any child protection action or proceedings, based solely upon the parent’s or child’s possession or use of CBD as allowed by this section.
(5) Nothing in this section shall be construed to require the various individual or group insurance organizations providing protection, indemnity, or insurance against hospital, medical, or surgical expenses, or health maintenance organizations to provide payment or reimbursement for prescriptions of CBD.
(6) Nothing in this section shall be construed to allow or accommodate the prescription, testing, medical use, or possession of any other form of Cannabis other than that defined in this section.
(b) The Legislature finds and declares the following:
(1) This section is intended to authorize only the limited use of nonpsychoactive CBD as defined in this section only for specified debilitating conditions that produce seizures, and is not intended as a generalized authorization of medical marijuana.
(2) It is the intent of the Legislature to maintain existing criminal prohibitions of marijuana, except as expressly provided in existing law or as expressly provided in this section.
(Act 2016-268, §§1, 2.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2025-385, EFFECTIVE JULY 1, 2025.
(Act 2023-169, §1; Act 2025-385, §2.)
If the offender is over the age of 18 and the offense consists of selling, furnishing or giving such controlled substances as enumerated in Schedules I, II, III, IV and V to a person who has not attained the age of 18 years the offender shall be guilty of a Class A felony. The imposition or execution of sentence shall not be suspended and probation shall not be granted.
(Acts 1971, No. 1407, p. 2378, §406; Acts 1987, No. 87-603, p. 1047, §8; Code 1975, §20-2-73; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(1).)
The Schedules I through V referred to in this division are the schedules contained in Sections 20-2-20 through 20-2-31, or in those schedules as revised and republished annually by the State Board of Health pursuant to Section 20-2-32.
(Acts 1987, No. 87-603, p. 1047, §10; Code 1975, §13A-12-216; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(12).)
(a) A person commits the crime of unlawful manufacture of a controlled substance in the second degree if, except as otherwise authorized in state or federal law, he or she does any of the following:
(1) Manufactures a controlled substance enumerated in Schedules I to V, inclusive.
(2) Possesses precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance.
(b) Unlawful manufacture of a controlled substance in the second degree is a Class B felony.
(Act 2001-971, 3rd Sp. Sess., p. 873, §1.)
(a) A person commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she violates Section 13A-12-217 and two or more of the following conditions occurred in conjunction with that violation:
(1) Possession of a firearm.
(2) Use of a booby trap.
(3) Illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment.
(4) A clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school.
(5) A clandestine laboratory operation actually produced any amount of a specified controlled substance.
(6) A clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II.
(7) A person under the age of 17 was present during the manufacturing process.
(b) Unlawful manufacture of a controlled substance in the first degree is a Class A felony.
(Act 2001-971, 3rd Sp. Sess., p. 873, §1.)
(a) A person commits the crime of unlawful possession of anhydrous ammonia if he or she purchases, possesses, transfers, or distributes any amount of anhydrous ammonia, knowing, or under circumstances where one reasonably should know, that the anhydrous ammonia will be used to unlawfully manufacture a controlled substance.
(b) Unlawful possession of anhydrous ammonia is a Class B felony.
(Act 2001-971, 3rd Sp. Sess., p. 873, §1.)
Except as authorized in Chapter 2, Title 20:
(1) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds of any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a felony, which shall be known as “trafficking in cannabis.” Nothing in this subdivision shall apply to samples of tetrahydrocannabinols including, but not limited to, all synthetic or naturally produced samples of tetrahydrocannabinols which contain more than 15 percent by weight of tetrahydrocannabinols and which do not contain plant material exhibiting the external morphological features of the plant cannabis. If the quantity of cannabis involved:
a. Is in excess of one kilo or 2.2 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000).
b. Is 100 pounds or more, but less than 500 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of fifty thousand dollars ($50,000).
c. Is 500 pounds or more, but less than 1,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred thousand dollars ($200,000).
d. Is 1,000 pounds or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(2) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, described in Section 20-2-25(1), is guilty of a felony, which shall be known as “trafficking in cocaine.” If the quantity involved:
a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(3) Any person, except as otherwise authorized by law, who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 20-2-23(b)(2) or Section 20-2-25(1)a., or four grams or more of any mixture containing any such substance, or any mixture containing Fentanyl or any synthetic controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25, is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).
d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(4) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 1,000 or more pills or capsules of methaqualone, as described in Section 20-2-1, et seq., is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a. Is 1,000 pills or capsules, but less than 5,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and pay a fine of fifty thousand dollars ($50,000).
b. Is 5,000 capsules or more, but less than 25,000 capsules, the person shall be imprisoned to a mandatory minimum term of imprisonment of 10 calendar years and pay a fine of one hundred thousand dollars ($100,000).
c. Is 25,000 pills or more, but less than 100,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of five hundred thousand dollars ($500,000).
d. Is 100,000 capsules or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(5) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 500 or more pills or capsules of hydromorphone, as is described in Section 20-2-1, et seq., is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a. Is 500 pills or capsules or more but less than 1,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 1,000 pills or capsules or more, but less than 4,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is 4,000 pills or capsules or more but less than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 25 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
d. Is more than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of life.
(6) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine, is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(7) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 5-methoxy-3,4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3,4-methylenedioxy amphetamine, is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(8) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of phencyclidine, or any mixture containing phencyclidine, is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(9) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of lysergic acid diethylamide, or four grams or more of any mixture containing lysergic acid diethylamide, is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).
d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(10) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof, is guilty of a felony, which shall be known as “trafficking in amphetamine.” If the quantity involved:
a. Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is one kilo but less than 10 kilos, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(11) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof, is guilty of a felony, which shall be known as “trafficking in methamphetamine.” If the quantity involved:
a. Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is one kilo but less than 10 kilos, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(12) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 56 or more grams of a synthetic controlled substance or a synthetic controlled substance analogue, as described in Section 20-2-23(a)(4) or (5), except for any synthetic controlled substance Fentanyl analogue referenced in subdivision (13), is guilty of a felony, which shall be known as “trafficking in synthetic controlled substances.” If the quantity involved:
a. Is 56 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than 1 kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
(13) Any person, unless otherwise authorized by law, who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, one gram or more of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component as described in Sections 20-2-23 and 20-2-25, is guilty of a felony, which shall be known as “trafficking in illegal drugs.” If the quantity involved:
a.1. Is one gram or more, but less than two grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a minimum fine of fifty thousand dollars ($50,000).
Is two grams or more, but less than four grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a minimum fine of one hundred thousand dollars ($100,000).
Is four grams or more, but less than eight grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a minimum fine of five hundred thousand dollars ($500,000).
Is eight grams or more, the person shall be sentenced to a mandatory term of imprisonment of life and to pay a minimum fine of seven hundred fifty thousand dollars ($750,000).
b.1. Notwithstanding any provision of law, in addition to any penalties provided by law, upon a second conviction of this subdivision, the person shall be sentenced to an additional term of imprisonment of five calendar years, which is not subject to suspension or probation.
(14) In lieu of the weight ranges listed in subdivision (12), a person may instead be charged with trafficking any substance listed in subdivisions (3) and (12) if that person possesses 50 or more individual packages of that substance. The person shall only be sentenced according to the sentence range provision listed in paragraph a. of each subdivision for the specific substance contained in the 50 or more individual packages if charged pursuant to this subdivision, subdivision (15), or subdivision (16), if applicable. In order to charge a person pursuant to this subdivision, the same substance must be contained in each of the 50 or more individual packages.
(15) The felonies of “trafficking in cannabis,” “trafficking in cocaine,” “trafficking in illegal drugs,” “trafficking in amphetamine,” “trafficking in methamphetamine,” and “trafficking in synthetic controlled substances” as defined in subdivisions (1) through (14) shall be treated as Class A felonies for purposes of this title, including sentencing under Section 13A-5-9. Provided, however, that the sentence of imprisonment for a defendant with one or more prior felony convictions who violates subdivisions (1) through (14) shall be the sentence provided therein, or the sentence provided under Section 13A-5-9, whichever is greater. Provided further, that the fine for a defendant with one or more prior felony convictions who violates subdivisions (1) through (14) shall be the fine provided therein, or the fine provided under Section 13A-5-9, whichever is greater.
(16) Notwithstanding any provision of law to the contrary, any person who has possession of a firearm during the commission of any act proscribed by this section shall be punished by a term of imprisonment of five calendar years, which shall be in addition to, and not in lieu of, the punishment otherwise provided, and a fine of twenty-five thousand dollars ($25,000). The court shall not suspend the five-year additional sentence of the person or give the person a probationary sentence.
(Acts 1980, No. 80-587, p. 926; Acts 1986, No. 86-534, p. 1035, §2; Acts 1987, No. 87-708, p. 1246, §2; §20-2-80; transferred to this section by Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(4); Acts 1990, No. 90-389, p. 533, §2; Acts 1991, No. 91-447, p. 817, §1; Acts 1995, No. 95-543, p. 1135, §1; Act 2012-267, p. 517, §2; Act 2014-184, p. 530, §2; Act 2018-552, §1; Act 2023-4, §1.)
(a) Notwithstanding the provisions of Chapter 22, Title 15, or any other provision of law, with respect to any person who is found to have violated Section 13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for any type of parole, probation, work release, supervised intensive restitution program, release because of deduction from sentence for good behavior under corrections incentive time act or any other program, furlough, pass, leave, or any other type of early, conditional, or temporary release program, nor shall such person be permitted to leave the penitentiary for any reason whatsoever except for necessary court appearances and for necessary medical treatment, prior to serving the mandatory minimum term of imprisonment prescribed in this article or 15 years, whichever is less. Nothing contained in this section shall be construed in any way to render any inmate eligible for parole, probation, suspended sentence, furlough, pass, leave, or any type or early, conditional, or temporary release program of any type to which the inmate is not otherwise eligible under other provision of law. Nor shall anything in this section be construed to render any person sentenced to life imprisonment without parole under this or any other act eligible for parole, probation, suspended sentence, furlough, pass, leave, or any type of early, conditional, or temporary release program at any time.
(b) The prosecuting attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of Section 13A-12-231, except where the sentence is life imprisonment without parole, and who provides substantial assistance in the arrest, or in the conviction of any of his accomplices, accessories, coconspirators, or principals. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if he finds that the defendant rendered such substantial assistance. Under no circumstances may the judge reduce or suspend the sentence except upon motion of the prosecuting attorney.
(Acts 1980, No. 80-587, p. 926; Acts 1986, No. 86-534, p. 1035, §2; Acts 1987, No. 87-708, p. 1246, §3; Code 1975, §20-2-81; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(5).)
(a) This section shall be known as the “Alabama Drug Trafficking Enterprise Act.” For purposes of this section, a person is engaged in a criminal enterprise for the purpose of trafficking in illegal drugs if that person violates any provision of Section 13A-12-231, and such violation is:
(1) Undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(2) From which such person obtains substantial income or resources.
(b) For purposes of this section, “substantial income” means any amount exceeding the established minimum wage, as established by law.
(c) Any person who engages in a criminal enterprise for the purpose of trafficking in illegal drugs shall be punished as follows:
(1) Upon the first conviction of violation of this section, he shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years or for any mandatory term of calendar years up to and including life without parole and to a fine of not less than $50,000.00 nor more than $500,000.00.
(2) Upon the second conviction of violation of this section, he must be sentenced to a mandatory term of imprisonment for life without parole and to a fine of not less than $150,000.00 nor more than $1,000,000.00.
(3) In no event shall the term of imprisonment or the amount of fine imposed under this section be less than the corresponding term of imprisonment or fine authorized in Section 13A-12-231, for the underlying violation of that section, including application of the Habitual Felony Offender Act, as determined by the type and amount of the particular illegal drug involved.
(d) The courts of Alabama shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under Section 20-2-93 as they shall deem proper.
(Acts 1990, No. 90-471, p. 687.)
In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state.
(Acts 1987, No. 87-610, p. 1060; Code 1975, §20-2-79; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2; Acts 1989, No. 89-950, p. 1872.)
(a) As used in this section, the term “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of this state. It includes, but is not limited to, all of the following:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances.
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
(6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.
(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, tetrahydrocannabinols, cocaine, hashish, or hashish oil into the human body, including, but not limited to:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Roach clips: Meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
f. Miniature cocaine spoons and cocaine vials.
g. Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
n. Glass tubes which are hollow, cylindrical items made of glass which are smaller than three-quarters of an inch in diameter, shorter than 12 inches in length, and which are not sealed with glass at both ends.
(b) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, all of the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
(3) The proximity of the object, in time and space, to a direct violation of this section or to a controlled substance.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of the controlled substances laws of this state; the innocence of an owner, or of anyone in control of the object, as to a direct violation of such laws shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
(6) Instructions, oral or written, provided with the object concerning its use.
(7) Descriptive materials accompanying the object which explain or depict its use.
(8) National and local advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(12) The existence and scope of legitimate uses for the object in the community.
(13) Expert testimony concerning its use.
(c)(1) It shall be unlawful for any person to use, or to possess with intent to use, or to use to inject, ingest, inhale, or otherwise introduce into the human body, drug paraphernalia to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of the controlled substances laws of this state.
(2) Any person who violates this subsection is guilty of a Class A misdemeanor and upon conviction shall be punished as prescribed by law.
(d)(1) It shall be unlawful for any person to use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance in violation of the controlled substances laws of this state.
(2) Any person who violates this subsection is guilty of a Class C felony. If a person is in violation of this subsection and is in possession of a firearm at the time of the offense, the person shall be guilty of a Class B felony.
(e)(1) It shall be unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the controlled substances laws of this state. Any person who violates this section is guilty of a Class A misdemeanor and upon conviction shall be punished as prescribed by law. A person who is convicted of a subsequent violation of this subsection shall be guilty of a Class C felony and punished as prescribed by law. Any person convicted of violating this subsection who previously has been convicted of violating subdivision (2) of this subsection shall be subject to the same penalties specified for subsequent violations of this subsection.
(2) Any person 18 years of age or over who violates subdivision (1) of this subsection by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior shall be guilty of a Class B felony and upon conviction shall be punished as prescribed by law.
(f) Notwithstanding subdivision (e)(1), a person may possess, deliver, or sell testing equipment designed to detect the presence of fentanyl or any synthetic controlled substance fentanyl analogue, as described in Sections 20-2-23 and 20-2-25.
(g) All drug paraphernalia used in violation of this section shall be contraband and be subject to the forfeiture laws of this state and Section 20-2-93, as amended, in particular.
(Acts 1986, No. 86-425, p. 771; §20-2-75.1; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2; Act 2009-566, p. 1665, §1; Act 2012-237, p. 445, §2; Act 2022-154, §1.)
In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was within a three-mile radius of a public housing project owned by a housing authority.
(Acts 1989, No. 89-951, p. 1873.)
This division shall be known and may be cited as the Demand Reduction Assessment Act.
(Acts 1990, No. 90-655, p. 1271, §1.)
(a) In addition to any disposition and fine authorized by Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215, or 13A-12-231, or any other statute indicating the dispositions that can be ordered for such a conviction, every person convicted of a violation of any offense defined in the sections set forth above, shall be assessed for each offense an additional penalty fixed at one thousand dollars ($1,000) for a first offense and two thousand dollars ($2,000) for a second or subsequent offense.
(b) All penalties provided for in this division shall be in addition to and not in lieu of any fine authorized by law or required to be imposed pursuant to the provisions of the controlled substance statutes set forth in subsection (a) of this section, and nothing in this division shall be deemed to affect or suspend any other criminal sanctions imposed pursuant to these controlled substance statutes.
(Acts 1990, No. 90-655, p. 1271, §2; Act 2006-560, p. 1297, §2.)
All penalties provided for in this division shall be collected as provided for collection of fines and restitution in [Rule 26.11, Alabama Rules of Criminal Procedure].
(Acts 1990, No. 90-655, p. 1271, §3.)
All moneys collected pursuant to this division shall be forwarded to the Department of Corrections to be deposited in a revolving fund to be known as the “Drug Demand Reduction Fund.” The moneys in the fund shall be expended by the Department of Corrections for drug education, prevention and treatment purposes.
(Acts 1990, No 90-655, p. 1271, §4.)
(a) The court may suspend the collection of a penalty imposed pursuant to this division if the defendant agrees to enter a drug rehabilitation program approved by the court and if the defendant agrees to pay for all or some portion of the costs associated with the rehabilitation program. The collection of a penalty imposed pursuant to this division shall be suspended during the defendant’s participation in the approved rehabilitation program.
(b) Upon successful completion of the rehabilitation program, the defendant may apply to the court to reduce the penalty imposed pursuant to this division by any amount actually paid by the defendant for his participation in said program. The court shall not reduce the penalty pursuant to this section unless the defendant establishes to the satisfaction of the court that he has successfully completed the rehabilitation program.
(c) If the defendant’s participation is for any reason terminated before his successful completion of the rehabilitation program, collection of the entire penalty imposed pursuant to this division shall be enforced.
(Acts 1990, No. 90-655, p. 1271, §5.)
In addition to any other penalty provided by law, the Alabama State Law Enforcement Agency shall suspend for a period of six months the driver’s license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on, the crimes specified in Section 13A-12-291. If, at the time of conviction, adjudication, or finding of delinquency, the individual did not have a driver’s license or the driver’s license had been suspended or revoked, there shall be a delay in the issuance or reinstatement of the driver’s license for six months after the individual applies for issuance or reinstatement. If the individual is ordered by a court to enter as a resident of an in-patient drug or alcohol rehabilitation facility, the suspension required by this section shall be effective immediately. If the individual voluntarily enters an in-patient drug or alcohol rehabilitation facility as a resident and the court approves the treatment either before or after treatment, the time in the treatment program shall be credited against any period of suspension required by this section. If ordered by a court to enter a facility, the individual shall surrender his or her driver’s license to the court and the court shall destroy the license. The individual shall receive credit for the time actually spent in a facility if he or she is released by the facility because the treatment is complete or the facility certifies that completion is not necessary. The Alabama State Law Enforcement Agency shall be notified by the court within 10 days by mail, fax, or electronic means of the status of the individual’s license.
(Acts 1993, No. 93-352, §1; Act 2009-658, p. 2026, §1.)
(a) A driver’s license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes:
(1) Criminal solicitation to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(2) Attempt to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(3) Criminal conspiracy to commit the crime of trafficking in specified substances under Section 13A-12-231.
(4) Trafficking in specified substances under Section 13A-12-231.
(5) Unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(b) The suspension of a driver’s license for driving under the influence of a controlled substance or under the combined influence of a controlled substance and alcohol pursuant to Section 32-5A-191 shall be governed by that section.
(Acts 1993, No. 93-352, §2; Act 2015-185, §2.)
Upon conviction or adjudication of, or finding of delinquency based on, any of the offenses enumerated in Section 13A-12-291, the court shall take the defendant’s driver’s license and immediately forward it to the Alabama State Law Enforcement Agency. Drivers’ licenses from other states shall also be subject to suspension. The Alabama State Law Enforcement Agency shall coordinate with other states when out-of-state licenses are involved.
(Acts 1993, No. 93-352, §3.)
For purposes of this division, if the conduct or acts punishable by reference in Section 13A-12-291 also constitute violations of a federal law or the law of another state, then conviction or adjudication under federal law, or conviction or adjudication, or a finding of delinquency based on the law of another state for the same acts or conduct shall be given effect as if rendered in the courts of this state.
(Acts 1993, No. 93-352, §4.)
The Director of the Alabama State Law Enforcement Agency shall establish and collect a nonrefundable fee in the amount of twenty-five dollars ($25) for costs incurred by the department in the administration of this division. The fee shall be in addition to the fees established under Section 32-6-17. The additional fee shall be collected upon application for reinstatement and the proceeds shall be deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Alabama State Law Enforcement Agency. All money deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Alabama State Law Enforcement Agency shall be expended by the Alabama State Law Enforcement Agency for law enforcement purposes. No money shall be withdrawn or expended from the fund for any purpose unless the money has been allotted and budgeted in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill or other appropriation bills.
(Acts 1993, No. 93-352, §5; Act 2000-800, p. 1901, §1.)
(a) It is unlawful for any person to deceptively obtain a controlled substance, as defined in Section 20-2-2(4), from a medical practitioner by intentionally and knowingly withholding information from the medical practitioner that the person has obtained a prescription for the same controlled substance or another controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner. The unlawful activity is complete upon the delivery of the prescription to the patient and occurs at the location of the delivery.
(b) A violation of subsection (a) constitutes a Class A misdemeanor punishable as prescribed by law.
(c) A person who commits a fourth or subsequent violation of subsection (a) within a five-year period commits a Class C felony.
(Act 2013-258, p. 682, §1.)
(a) As used in this section, the following terms have the following meanings:
(1) DEFRAUD. A misrepresentation of a material fact made willfully to deceive or with reckless disregard as to its truth or falsity.
(2) SYNTHETIC URINE. A substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.
(3) URINE ADDITIVE. A substance that is designed to be added to human urine.
(b)(1) No person shall knowingly manufacture, market, sell, distribute, use, or possess synthetic urine or a urine additive to defraud an alcohol, drug, or urine screening test.
(2) No person shall knowingly use his or her urine to defraud an alcohol, drug, or urine screening test if the person’s urine was expelled or withdrawn before collection of the urine specimen for the test.
(c) This section does not apply to urine, synthetic urine, or a urine additive that is manufactured, marketed, sold, distributed, used, or possessed solely for educational, medical, or scientific research.
(d)(1) On a first conviction of a violation of subsection (b), the person is guilty of a Class B misdemeanor.
(2) On a second or subsequent conviction of subsection (b), the person is guilty of a Class A misdemeanor.
(e) A person who collects urine specimens for alcohol, drug, or urine screening tests who knows or has reasonable cause to suspect that a person has used synthetic urine or a urine additive to defraud an alcohol, drug, or urine screening test in violation of subsection (b) shall report that knowledge or suspicion to the appropriate law enforcement agency.
(Act 2020-84, §1.)
(a) A person commits the crime of unlawful possession of inhalants if he or she does either of the following:
(1) Inhales, ingests, uses, or possesses any compound, liquid, gas, or chemical that contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, or any mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
(2) Inhales, ingests, uses, or possesses any compound, liquid, gas, or chemical that contains nitrous oxide, commonly known as “laughing gas,” or any amyl nitrite, commonly known as “poppers” or “snappers.”
(b) Unlawful possession of inhalants is a Class A misdemeanor.
(c) Subsection (a) shall not apply to any of the following:
(1) The possession or use of the substances by a licensed hospital, as defined in Section 22-21-20, other health care facility, as defined in Section 22-21-311, or a licensed medical or dental practitioner, for the purposes of the lawful prescription, order, or administration to a patient and the possession or use of the substances by a patient pursuant to a lawful prescription, order, or administration.
(2) The possession or use of the substances by a manufacturer as part of a manufacturing process or industrial operation by a person at least 21 years of age.
(3) The possession or use of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products by a person at least 21 years of age.
(4) The possession or use of nitrous oxide for automotive purposes by a person at least 21 years of age.
(d) The presence of additional flavoring in a substance or labeling on any part of a container of a substance referring to the substance being flavored shall create a rebuttable presumption against the exceptions listed in subsection (c).
(Act 2025-65, §1.)
(a) A person commits the crime of unlawful sale of inhalants if he or she does either of the following:
(1) Produces, manufactures, sells, offers for sale, or otherwise transfers any compound, liquid, gas, or chemical that contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, or any mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
(2) Produces, manufactures, sells, offers for sale, or otherwise transfers any compound, liquid, gas, or chemical that contains nitrous oxide, commonly known as “laughing gas,” or any amyl nitrite, commonly known as “poppers” or “snappers.”
(b) Unlawful sale of inhalants is a Class D felony.
(c) Subsection (a) shall not apply to any of the following:
(1) The production, manufacture, purchase, sale, or transfer of the substances by a licensed hospital, as defined in Section 22-21-20, other health care facility, as defined in Section 22-21-311, or a licensed medical or dental practitioner, for the purposes of the lawful prescription, order, or administration to a patient.
(2) The production, manufacture, purchase, sale, or transfer of the substances by a manufacturer as part of a manufacturing process or industrial operation by a person at least 21 years of age.
(3) The production, manufacture, purchase, sale, or transfer of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products by a person at least 21 years of age.
(4) The production, manufacture, purchase, sale, or transfer of nitrous oxide for automotive purposes by a person at least 21 years of age.
(d) The presence of additional flavoring in a substance or labeling on any part of a container of a substance referring to the substance being flavored shall create a rebuttable presumption against the exceptions listed in subsection (c).
(Act 2025-65, §2.)
(a) A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse. A person who contracts a marriage outside this state, which would be bigamous if contracted in this state, commits bigamy by cohabiting in the state with the other party to such a marriage.
(b) A person does not commit an offense under this section if:
(1) He reasonably believes that his previous marriage is void or was dissolved by death, divorce or annulment; or
(2) He and the prior spouse have been living apart for five consecutive years next prior to the subsequent marriage, during which time the prior spouse was not known by him to be alive.
(3) The burden of injecting the issues under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Bigamy is a Class C felony.
(Acts 1977, No. 607, p. 812, §7001.)
(a) A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married.
(b) A person does not commit a crime under this section if he reasonably believes that he and the other person are unmarried persons. The burden of injecting this issue is on the defendant, but this does not change the burden of proof.
(c) Adultery is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §7005.)
(a) A person commits incest if he or she marries or engages in sexual intercourse with a person he or she knows to be, either legitimately or illegitimately, any of the following:
(1) His or her ancestor or descendant by blood or adoption.
(2) His or her brother or sister of the whole or half-blood or by adoption.
(3) His or her stepchild or stepparent, while the marriage creating the relationship exists.
(4) His or her aunt, uncle, nephew or niece of the whole or half-blood.
(b)(1) Incest is a Class C felony.
(2) Where the victim is under 17 years of age on the date of the offense, incest is a Class A felony.
(Acts 1977, No. 607, p. 812, §7010; Act 2023-464, §1.)
(a) A man or woman commits the crime of nonsupport if he or she intentionally fails to provide support which that person is able to provide and which that person knows he or she is legally obligated to provide to a dependent spouse or child less than 19 years of age.
(b) “Support” includes but is not limited to food, shelter, clothing, medical attention and other necessary care, as determined elsewhere by law.
(c) “Child” includes a child born out of wedlock whose paternity has been admitted by the actor or has been established in a civil suit.
(d) Nonsupport is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §7025.)
(a) A man or woman commits the crime of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon it.
(b) Abandonment of a child is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §7030.)
(a) A man or woman commits the crime of endangering the welfare of a child when:
(1) He or she knowingly directs or authorizes a child less than 16 years of age to engage in an occupation involving a substantial risk of danger to his life or health; or
(2) He or she, as a parent, guardian or other person legally charged with the care or custody of a child less than 18 years of age, fails to exercise reasonable diligence in the control of such child to prevent him or her from becoming a “dependent child” or a “delinquent child,” as defined in Section 12-15-1.
(b) A person does not commit an offense under Section 13A-13-4 or this section for the sole reason he provides a child under the age of 19 years or a dependent spouse with remedial treatment by spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical treatment.
(c) Endangering the welfare of a child is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §7035.)
Any person who willfully administers to any pregnant woman any drug or substance or uses or employs any instrument or other means to induce an abortion, miscarriage or premature delivery or aids, abets or prescribes for the same, unless the same is necessary to preserve her life or health and done for that purpose, shall on conviction be fined not less than $100.00 nor more than $1,000.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
(Code 1852, §64; Code 1867, §3605; Code 1876, §4192; Code 1886, §4022; Code 1896, §4305; Code 1907, §6215; Acts 1911, No. 450, p. 548; Code 1923, §3191; Code 1940, T. 14, §9; Acts 1951, No. 956, p. 1630; Code 1975, §13-8-4.)
(a) This section shall be known and may be cited as Caylee’s Law.
(b) For purposes of this section, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABDUCTION. The removal or retention of a child without the consent of the child’s custodian.
(2) CHILD. A person who is less than 18 years of age.
(3) CUSTODIAN. A child’s father or mother, whether biological or adoptive, a child’s legally appointed guardian, or the spouse of a child’s father, mother, or legally appointed guardian. In the case where only one parent has legal custody, the term means the parent with legal custody or his or her spouse.
(4) GUARDIAN. A guardian as defined in Section 26-2A-20.
(5) LOST CHILD. A child who is unable to find his or her way back to his or her custodian.
(6) RUNAWAY CHILD. A child who voluntarily absents himself or herself from the control of his or her custodian with intent to remain away indefinitely.
(c) A child’s custodian shall report, or cause a report to be made, to a law enforcement officer or agency that the child is missing when the child’s whereabouts are unknown to the custodian and the custodian knows, believes, or has substantial reason to believe any of the following:
(1) That the child’s whereabouts are unknown to any person under whose temporary supervision the custodian placed the child.
(2) That the child is the victim of an abduction or the victim of serious bodily harm, abuse, or sexual exploitation.
(3) That the child is a lost or runaway child.
(d) The report required under subsection (c) shall be made verbally, either by telephone or direct communication, followed by a written report as requested by a law enforcement official.
(e)(1) A child’s custodian who is subject to the duty imposed by subsection (c) is guilty of failure to report a missing child in the second degree if he or she fails or delays to make, or fails to cause to be made, the required report with willful or reckless disregard for the safety of the child.
(2) Failure to report a missing child in the second degree is a Class A misdemeanor.
(f)(1) A child’s custodian who is subject to the duty imposed by subsection (c) is guilty of failure to report a missing child in the first degree if he or she fails or delays to make, or fails to cause to be made, the required report with willful or reckless disregard for the safety of the child and the child suffers serious bodily harm or death.
(2) Failure to report a missing child in the first degree is a Class C felony.
(g) It is a defense to prosecution under this section that the custodian made reasonably diligent efforts to verify the whereabouts and safety of the child during the period of any delay in making the report required by subsection (c).
(Act 2013-367, p. 1321, §§1-6.)
Every person who, with design to disable himself from performing a legal duty, existing or anticipated, shall inflict upon himself an injury whereby he is so disabled and every person who shall so injure himself with intent to avail himself of such injury to excite sympathy or to obtain alms or some charitable relief shall be guilty of a felony.
(Code 1923, §4941; Code 1940, T. 14, §357; Code 1975, §13-1-6.)
[Repealed]
Repealed by Act 2005-40, p. 55, §10, effective October 1, 2005.
(Acts 1915, No. 278, p. 314; Code 1923, §§5254, 5255; Code 1940, T. 14, §§393, 394; Code 1975, §13-5-1; Act 2004-487, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1935, No. 141, p. 179; Code 1940, T. 14, §358; Code 1975, §13-6-3.)
Whoever, being in a public place, fraudulently pretends by garb or outward array to be a minister of any religion, or nun, priest, rabbi or other member of the clergy, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500.00 or confinement in the county jail for not more than one year, or by both such fine and imprisonment.
(Acts 1965, 1st Ex. Sess., No. 273, p. 381; Code 1975, §13-4-99.)
(a) It shall be unlawful for any person, firm or corporation to solicit advertisement in this state to appear in any state or federal peace officers’ magazine or journal without such person, firm or corporation first having qualified with the Attorney General of the State of Alabama to solicit such advertisement as hereinafter provided in this section.
(b) Any person, firm or corporation who holds himself out to be affiliated with any state or federal peace officers association who publishes a peace officers’ magazine or journal may qualify with the Attorney General and receive a certificate of qualification from him by furnishing proof to the Attorney General that he does in truth and in fact represent a legitimate federal or state peace officers association and that the publication which he purports to represent is published at least quarterly.
(c) Any person, firm or corporation who holds himself out to represent any peace officers’ magazine or journal who solicits advertisement to appear in such magazine or journal without first having obtained a certificate of qualification from the Attorney General of the State of Alabama shall be guilty of a misdemeanor and upon conviction shall be fined not less than $1,000.00 and imprisoned in the county jail not more than one year.
(Acts 1971, 3rd Ex. Sess., No. 70, p. 4278, §§1-3; Code 1975, §13-6-4.)
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