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13A-2-25
Section 13A-2-25 Criminal liability based upon behavior of another - Certain defenses not available.
In a prosecution for an offense in which criminal liability is based upon the behavior of
another person pursuant to this article, it is no defense that: (1) Such other person has
not been prosecuted for or convicted of any offense based upon the behavior in question, or
has been previously acquitted thereof, or has been convicted of a different offense or degree
of offense. (2) The defendant belongs to a class of persons who, by definition of the offense,
are legally incapable of committing the offense in an individual capacity. (Acts 1977, No.
607, p. 812, §425.)...
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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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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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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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13A-2-22
Section 13A-2-22 Criminal liability based upon behavior of another - Conduct of an innocent
person. (a) A person is legally accountable for the behavior of another if, acting with the
culpable mental state sufficient for the commission of the offense in question, he causes
an innocent person to engage in such behavior. (b) As used in this section, an "innocent
person" includes any person who is not guilty of the offense in question, despite his
behavior, because of: (1) Criminal irresponsibility or other legal incapacity or exemption.
(2) Unawareness of the criminal nature of the conduct in question or of the defendant's criminal
purpose. (3) Any other factor precluding the mental state sufficient for the commission of
the offense in question. (Acts 1977, No. 607, p. 812, §410.)...
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13A-2-20
Section 13A-2-20 Criminal liability based upon behavior. A person is criminally liable for
an offense if it is committed by his own behavior or by the behavior of another person for
which he is legally accountable as provided for in this article, or both. (Acts 1977, No.
607, p. 812, §401.)...
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13A-2-23
Section 13A-2-23 Criminal liability based upon behavior of another - Complicity. A person is
legally accountable for the behavior of another constituting a criminal offense if, with the
intent to promote or assist the commission of the offense: (1) He procures, induces or causes
such other person to commit the offense; or (2) He aids or abets such other person in committing
the offense; or (3) Having a legal duty to prevent the commission of the offense, he fails
to make an effort he is legally required to make. (Acts 1977, No. 607, p. 812, §415.)...
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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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13A-2-21
Section 13A-2-21 Criminal liability based upon behavior of another - Accountability imposed
by statute. A person is legally accountable for the behavior of another person if he is made
accountable for the behavior of such person by the statute defining the offense or by specific
provision of this title. (Acts 1977, No. 607, p. 812, §405.)...
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