13A-9-91
Section 13A-9-91 Illegal possession of food stamps in the first, second, and third degree.
(a) A person commits the crime of illegal possession of food stamps if: (1) He or she knowingly
uses, transfers, acquires, alters, or possesses food stamp coupons or food stamp authorization
cards in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq.,
or the regulations issued pursuant to the act; or (2) He or she presents or causes to be presented
food stamp coupons for payment or redemption knowing the same to have been received, transferred,
or used in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq.,
or the regulations pursuant to the act. (b) Illegal possession of food stamps which exceed
two thousand five hundred dollars ($2,500) in value constitutes illegal possession of food
stamps in the first degree and is a Class B felony. (c) Illegal possession of food stamps
which exceed five hundred dollars ($500) in value but do not...
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13A-6-43
Section 13A-6-43 Kidnapping in the first degree. (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...
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13A-12-213
Section 13A-12-213 Unlawful possession of marihuana in the first degree. (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.)...
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13A-7-22
Section 13A-7-22 Criminal mischief in the second degree. (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...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
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 in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
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15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes any
of the following offenses: (1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated
delinquent of a violation of rape in the second degree is presumed to be exempt from this
chapter after the juvenile has been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court makes a determination that the
juvenile sex offender is to be subject to this chapter. (3) Sodomy in the first degree, as
provided by Section 13A-6-63. (4) Sodomy in the second degree, as provided by Section 13A-6-64.
A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree
is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers
of the conduct for which he or she was adjudicated delinquent unless...
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13A-11-14
Section 13A-11-14 Cruelty to animals. (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...
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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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13A-6-133
Section 13A-6-133 Arrest without warrant - Generally. 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.)...
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13A-6-156
Section 13A-6-156 Forfeiture of profits or proceeds and interest in property. 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.)...
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