13A-1-8
Section 13A-1-8 Procedural matters; civil liabilities not affected by title; prosecution when more than one offense. (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)...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of supervision of the offender including, but not limited to, all of the following: a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised probation, that requires an offender to serve a sentence of imprisonment. The term includes time served in a work release program operated as a custody option by the Alabama Department of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment to any...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical violates this article if the person: (1) Knowingly fails to comply with the reporting requirements of this article; (2) Knowingly makes a false statement in a report or record required by this article or the rules adopted thereunder; (3) Is required by this article to have a listed precursor chemical license or permit, and is a person as defined by this article, and knowingly or deliberately fails to obtain such a license or permit. An offense under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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13A-1-7
Section 13A-1-7 Applicability of title to offenses committed before and after enactment of title. (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...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE. Conditions and supervision as the juvenile court orders after release from the Department of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual's 18th birthday, or under 19 years of age and before the juvenile court for a child in need of supervision matter or commitment to the State Department of Mental Health or under 19 years of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2). Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday, has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5, the term child also shall include the individual subject to the...
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13A-4-5
Section 13A-4-5 Consummation of object offense not defense to prosecution; multiple convictions on basis of same course of conduct. (a) It is no defense to a prosecution for criminal solicitation, Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the offense solicited, attempted or conspired was actually committed. (b) A person may not be convicted on the basis of the same course of conduct of both the actual commission of an offense and: (1) An attempt to commit the offense; or (2) Criminal solicitation of the offense; or (3) Criminal conspiracy of the offense. (c) A person may not be convicted of more than one of the offenses defined in Sections 13A-4-1, 13A-4-2 and 13A-4-3 for a single course of conduct designed to commit or to cause the commission of the same crime. (Acts 1977, No. 607, p. 812, ยง1020.)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution....
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission shall have the power and duty to suspend, revoke, or restrict any license to practice medicine or osteopathy in the State of Alabama or place on probation or fine any licensee whenever the licensee shall be found guilty on the basis of substantial evidence of any of the following acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to practice medicine or osteopathy or a license to practice medicine or osteopathy in the State of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence. (5) Conviction of any crime or offense which...
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13A-1-2
Section 13A-1-2 Definitions. 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...
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15-23-3
Section 15-23-3 Definitions. As used in this article the following words shall include, but are not limited to the following meanings unless the context clearly requires a different meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section 15-23-4. (2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the following acts: a. An act occurring or attempted within the geographical boundaries of this state which results in serious personal injury or death to a victim for which punishment by fine, imprisonment, or death may be imposed. b. An act occurring or attempted outside the geographical boundaries of this state in another state of the United States of America which is punishable by fine, imprisonment, or death and which results in personal injury or death to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331 of Title 18, United States Code, committed outside of the United States,...
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