13A-10-37
Section 13A-10-37 Promoting prison contraband in the second degree. (a) A person is guilty of promoting prison contraband in the second degree if: (1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any narcotic, dangerous drug or controlled substance as defined in the "Alabama Controlled Substances Act," or any amendments thereto; or (2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any narcotic, dangerous drug, or controlled substance as defined in Chapter 2 of Title 20 of this Code. (b) Promoting prison contraband in the second degree is a Class C felony. (Acts 1977, No. 607, p. 812, §4616.)...
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13A-10-36
Section 13A-10-36 Promoting prison contraband in the first degree. (a) A person is guilty of promoting prison contraband in the first degree if: (1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any deadly weapon, instrument, tool or other thing which may be useful for escape; (2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any deadly weapon, instrument, tool or other thing which 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.)...
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13A-10-38
Section 13A-10-38 Promoting prison contraband in the third degree. (a) A person is guilty of promoting prison contraband in the third degree if the person does any of the following: (1) He or she intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any contraband or thing which the actor knows or should know it is unlawful to introduce or for the inmate to possess. (2) Being a person confined in a detention facility, he or she intentionally and unlawfully makes, obtains, or possesses any contraband. (3) He or she 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 which 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...
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13A-10-35
Section 13A-10-35 Permitting or facilitating escape in the second degree. (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.)...
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13A-7-42
Section 13A-7-42 Arson in the second degree. (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...
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13A-6-21
Section 13A-6-21 Assault in the second degree. (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) 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. For the purpose of this subdivision, a person who is a peace officer who is...
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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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13A-12-217
Section 13A-12-217 Unlawful manufacture of controlled substance in the second degree. (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.)...
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13A-5-40
Section 13A-5-40 Capital offenses. (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...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge that, before the finding of this indictment, etc. (describing the offense as in the following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales of the capital stock of the X. Y. company (or otherwise describing the security so advertised), which said stock (or other security) had not then...
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