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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
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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38-13-4
or provides any misleading information on the statement is guilty of a Class A misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not
more than one year. (2) Convictions for any of the following crimes shall make an individual
unsuitable for employment, volunteer work, approval, or licensure: "a. A violent offense
as defined in Section 12-25-32. "b. A sex crime as defined in Section 15-20A-5. "c.
A crime that involves the physical or mental injury or maltreatment of a child, the
elderly, or an individual with disabilities. "d. A crime committed against a child as
defined in Section 38-13-2. "e. A crime involving the sale or distribution of a controlled
substance. "f. A crime or offense committed in another state or under federal law which
would constitute any of the above crimes in this state. "g. Conviction for a crime listed
in the federal Adoption and Safe Families Act, pursuant to 42 U.S.C. Section 671(a)(20), shall
disqualify 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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