12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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12-17-194
Section 12-17-194 Commencing prosecution on own affidavit. Any district attorney who commences
a prosecution for any criminal offense by his own affidavit, except for an offense against
his person or property or for a violation of the revenue laws or the prohibition laws, or
unless the affidavit is upon his personal knowledge of the commission of the offense, shall,
on conviction, be fined not less than $50.00. (Code 1876, §4146; Code 1886, §3940; Code
1896, §5126; Code 1907, §7793; Code 1923, §5513; Code 1940, T. 13, §243.)...
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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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15-22-27.4
Section 15-22-27.4 Parole of persons convicted of sex offense involving person under 13 years
of age - Chemical castration treatment. (a) As used in this section, the following terms shall
have the following meanings: (1) CHEMICAL CASTRATION TREATMENT. The receiving of medication,
including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent,
that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones,
or other chemicals in a person's body. (2) SEX OFFENSE INVOLVING A PERSON UNDER THE AGE OF
13 YEARS. A sex offense, as described in Section 15-20A-5, that is committed against a person
who has not attained the age of 13 years. (b) Subject to Section 15-22-27.3, as a condition
of parole, a court shall order a person convicted of a sex offense involving a person under
the age of 13 years to undergo chemical castration treatment, in addition to any other punishment
prescribed for that offense or any other provision of...
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15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal
offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition
in the criminal division of the circuit court in the county in which the charges were filed,
to expunge records relating to the charge in any of the following circumstances: (1) When
the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand
jury. (3) When the person has been found not guilty of the charge. (4) When the charge was
dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
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12-22-190
Section 12-22-190 Purpose of division. The Legislature is aware that it has become settled
law that a state may or may not authorize appeals from judgments of convictions in criminal
cases and certain other related proceedings involving the life, liberty or property of a person
convicted of a criminal offense; further, that if a state does provide for appeals in criminal
cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are
without funds and unable to pay the fees of the court reporter for transcribing the evidence
or the fees of the clerk for preparing the record for review on appeal may be denied equal
protection of the law or due process of law. It is the purpose of this division to provide
such defendants or petitioners with a transcript of the evidence, or a part thereof, and a
record for a proper and equal review in certain criminal cases and such other cases wherein
it is made to appear that a convicted defendant is indigent and desires to...
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13A-2-3
Section 13A-2-3 Requirements for criminal liability in general and for offenses of strict liability
and of mental culpability. The minimum requirement for criminal liability is the performance
by a person of conduct which includes a voluntary act or the omission to perform an act which
he is physically capable of performing. If that conduct is all that is required for commission
of a particular offense, or if an offense or some material element thereof does not require
a culpable mental state on the part of the actor, the offense is one of "strict liability."
If a culpable mental state on the part of the actor is required with respect to any material
element of an offense, the offense is one of "mental culpability." (Acts 1977, No.
607, p. 812, §310.)...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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13A-9-8
Section 13A-9-8 Limitation on criminal liability for forgery and criminal possession of forged
instrument. A person may not be punished for both the offense of forgery and the offense of
criminal possession of a forged instrument with respect to the same instrument, unless arising
out of separate and distinct transactions. (Acts 1977, No. 607, p. 812, §4015.)...
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