Code of Alabama

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13A-12-26
Section 13A-12-26 Defense to prosecution for possession of gambling records. 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.)...
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13A-6-44
Section 13A-6-44 Kidnapping in the second degree. (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.)...

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13A-3-27
Section 13A-3-27 Use of force in making an arrest or preventing an escape. (a) A peace officer
is justified in using that degree of physical force which he reasonably believes to be necessary,
upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of
a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor,
violation or violation of a criminal ordinance, unless the peace officer knows that the arrest
is unauthorized; or (2) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of physical force while making or attempting to make an arrest
for a misdemeanor, violation or violation of a criminal ordinance, or while preventing or
attempting to prevent an escape from custody of a person who has been legally arrested for
a misdemeanor, violation or violation of a criminal ordinance. (b) A peace officer is justified
in using deadly physical force upon another person when...
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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
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38-7-16
Section 38-7-16 Penalties; burden of proof of relationship. Any person, group of persons, association
or corporation who: (1) Conducts, operates or acts as a child-care facility without a license,
or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit; (3) Fails to
keep the records and make the reports provided under this chapter; (4) Advertises any service
not authorized by the license or permit held; (5) Publishes any advertisement in violation
of this chapter; (6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted
and published by the department for the enforcement of the provisions of this chapter, shall
be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00
or be imprisoned in the county jail not longer than one year,...
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13A-6-65
Section 13A-6-65 Sexual misconduct. (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.)...
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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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32-8-83
Section 32-8-83 Unauthorized damaging or tampering with vehicles. (a) A person who, willfully
and without right to do so, damages a vehicle or damages or removes any of its parts or components
is guilty of a misdemeanor. (b) A person who, without right to do so and with intent to commit
a crime, tampers with a vehicle, or goes in or on it, or works or attempts to work any of
its parts or components, or sets or attempts to set it in motion is guilty of a misdemeanor.
(Acts 1973, No. 765, p. 1147, §37.)...
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13A-10-15
Section 13A-10-15 Terrorist threats. (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...
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13A-6-45
Section 13A-6-45 Interference with custody. (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.)...
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