13A-2-2
Section 13A-2-2 Definitions - Definitions of culpable mental state. 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...
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13A-2-24
Section 13A-2-24 Criminal liability based upon behavior of another - Exceptions. Unless otherwise
provided by the statute defining the offense, a person shall not be legally accountable for
behavior of another constituting a criminal offense if: (1) He is a victim of that offense;
or (2) The offense is so defined that his conduct is inevitably incidental to its commission;
or (3) Prior to the commission of the offense, he voluntarily terminated his effort to promote
or assist its commission and either gave timely and adequate warning to law enforcement authorities,
or to the intended victim, or wholly deprived his complicity of its effectiveness in the commission
of the offense. The burden of injecting this issue is on the defendant, but this does not
shift the burden of proof. (Acts 1977, No. 607, p. 812, §420.)...
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31-2A-50a
Section 31-2A-50a (Article 50a.) Defense of lack of mental responsibility. (a) It is an affirmative
defense in a trial by court-martial that, at the time of the commission of the acts constituting
the offense, the accused, as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect
does not otherwise constitute a defense. (b) The accused has the burden of proving the defense
of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental
responsibility of the accused with respect to an offense is properly at issue, the military
judge shall instruct the members of the court as to the defense of lack of mental responsibility
under this article and charge members to find the accused any one of the following: (1) Guilty.
(2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (d) Subsection
(c) does not apply to a court-martial composed of a...
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45-27-82.21
Section 45-27-82.21 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-first Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-first
Judicial Circuit for admittance to the pretrial diversion program. A person charged with any
of the following may apply for the program: (1) Drug offenses as provided in Section 12-23-5.
(2) Property offenses. (3) Offenses wherein the victim did not receive serious physical injury.
(4) Offenses in which the victim was not a child under 14 years of age, a law enforcement
officer, a school official, or a correctional officer. (5) All misdemeanors other than traffic
or conservation offenses. (b) No persons charged with a Class A felony or a crime that involved
serious injury to a person or death shall be eligible for pretrial diversion. (c) Any person
deemed by the district attorney to be a threat to the safety or...
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13A-4-3
Section 13A-4-3 Criminal conspiracy generally. (a) A person is guilty of criminal conspiracy
if, with the intent that conduct constituting an offense be performed, he agrees with one
or more persons to engage in or cause the performance of such conduct, and any one or more
of such persons does an overt act to effect an objective of the agreement. (b) If a person
knows or should know that one with whom he agrees has in turn agreed or will agree with another
to effect the same criminal objective, he shall be deemed to have agreed with such other person,
whether or not he knows the other's identity. (c) A person is not liable under this section
if, under circumstances manifesting a voluntary and complete renunciation of his criminal
purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial
effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy.
Renunciation by one conspirator, however, does not affect the...
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13A-2-26
Section 13A-2-26 Criminal liability of an individual for corporate conduct. A person is criminally
liable for conduct constituting an offense which he performs or causes to be performed in
the name of or in behalf of a corporation to the same extent as if such conduct were performed
in his own name or behalf. (Acts 1977, No. 607, p. 812, §435.)...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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34-25B-2
Section 34-25B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) FELONY. A criminal offense that is defined and punishable under the laws of
this state, or an offense committed outside the State of Alabama, which if committed in this
state, would constitute a felony under Alabama law; a crime in any other state or a crime
against the United States which is designated as a felony; or an offense in any other state,
territory, or country punishable by imprisonment for a term exceeding one year. (2) PRIVATE
INVESTIGATION. The compensated act of any individual or company engaging in the business of
obtaining or furnishing information with reference to any of the following: a. A crime committed
or threatened against the United States or any state or territory of the United States. b.
The identity, habits, conduct, business, occupation, honesty, integrity, credibility, including,
but not limited to, the credibility of a person giving testimony...
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15-23-72
Section 15-23-72 Right to pre-sentence information. The prosecuting attorney shall provide
to the victim the date of a conviction, acquittal, or dismissal of the charges filed against
the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal
offense for which the defendant was convicted, acquitted, or the effect of a dismissal of
the charges filed against the defendant. (2) If the defendant is convicted, on request, the
victim shall be notified, if applicable, of the following: a. The existence and function of
the pre-sentence report. b. The name, address, and telephone number of the office of the Board
of Pardons and Paroles which is preparing the pre-sentence report. c. The right to make a
victim impact statement. d. The right of the defendant to view the pre-sentence report. e.
The right to be present and be heard at any sentencing proceeding. f. The time, place, and
date of the sentencing proceeding. g. If the court orders restitution, the...
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40-17A-9
Section 40-17A-9 Penalty; enforcement. (a) Any dealer violating this chapter is subject to
a penalty of 100 percent of the tax in addition to the tax imposed by Section 40-17A-8. In
addition to the tax and penalty imposed, a dealer failing to affix the appropriate stamps,
labels, or other indicia is guilty of a Class C felony, and, upon conviction, may be punished
as provided in the Alabama Criminal Code. Such penalty shall be cumulative to any other penalty
or crime. (b) Notwithstanding any other provision of the criminal laws of this state, an indictment
may be found and filed upon any criminal offense specified in this section, in the proper
court within six years after the commission of this offense. (Acts 1988, 1st Ex. Sess., No.
88-785, p. 218, §9.)...
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