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13A-3-1
Section 13A-3-1 Mental disease or defect. (a) It is an affirmative defense to a prosecution
for any crime that, at the time of the commission of the acts constituting the offense, the
defendant, as a result of severe mental disease or defect, was unable to appreciate the nature
and quality or wrongfulness of his acts. Mental disease or defect does not otherwise constitute
a defense. (b) "Severe mental disease or defect" does not include an abnormality
manifested only by repeated criminal or otherwise antisocial conduct. (c) The defendant has
the burden of proving the defense of insanity by clear and convincing evidence. (Acts 1977,
No. 607, p. 812, §501; Acts 1988, No. 88-654, p. 1051, §2.)...
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31-2A-50a
Section 31-2A-50a (Article 50a.) Defense of lack of mental responsibility. (a) It is an affirmative
defense in a trial by court-martial that, at the time of the commission of the acts constituting
the offense, the accused, as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect
does not otherwise constitute a defense. (b) The accused has the burden of proving the defense
of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental
responsibility of the accused with respect to an offense is properly at issue, the military
judge shall instruct the members of the court as to the defense of lack of mental responsibility
under this article and charge members to find the accused any one of the following: (1) Guilty.
(2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (d) Subsection
(c) does not apply to a court-martial composed of a...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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13A-3-2
Section 13A-3-2 Intoxication. (a) Intoxication is not a defense to a criminal charge, except
as provided in subsection (c) of this section. However, intoxication, whether voluntary or
involuntary, is admissible in evidence whenever it is relevant to negate an element of the
offense charged. (b) When recklessness establishes an element of an offense and the actor
is unaware of a risk because of voluntary intoxication, his unawareness is immaterial in a
prosecution for that offense. (c) Involuntary intoxication is a defense to prosecution if
as a result the actor lacks capacity either to appreciate the criminality of his conduct or
to conform his conduct to the requirements of law. (d) Intoxication in itself does not constitute
mental disease or defect within the meaning of Section 13A-3-1. (e) In this section: (1) "Intoxication"
includes a disturbance of mental or physical capacities resulting from the introduction of
any substance into the body. (2) "Voluntary intoxication" means...
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13A-2-7
Section 13A-2-7 Consent. (a) In general. - The consent of the victim to conduct charged to
constitute an offense or to the result thereof is a defense if such consent negatives a required
element of the offense or precludes the infliction of the harm or evil sought to be prevented
by the law defining the offense. (b) Consent to bodily harm. - When conduct is charged to
constitute an offense because it causes or threatens bodily harm, consent to such conduct
or to the infliction of such harm is a defense only if: (1) The bodily harm consented to or
threatened by the conduct consented to is not serious; or (2) The conduct and the harm are
reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive
sport; or (3) The consent establishes a justification for the conduct under Article 2 of Chapter
3 of this title. (c) Ineffective consent. - Unless otherwise provided by this Criminal Code
or by the law defining the offense, assent does not constitute...
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13A-11-72
Section 13A-11-72 Certain persons forbidden to possess pistol. (a) No person who has been convicted
in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor
offense of domestic violence, violent offense as listed in Section 12-25-32(15), anyone who
is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall
own a firearm or have one in his or her possession or under his or her control. (b) No person
who is a minor, except under the circumstances provided in this section, a drug addict, or
an habitual drunkard shall own a pistol or have one in his or her possession or under his
or her control. (c) Subject to the exceptions provided by Section 13A-11-74, no person shall
knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of
a public school. (d) Possession of a deadly weapon with the intent to do bodily harm on the
premises of a public school in violation of subsection (c) of this...
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15-16-61
Section 15-16-61 Definitions. The following definitions shall apply to this article: (1) COURT.
The court which committed the defendant pursuant to Section 15-16-43. (2) DEFENDANT. A defendant
in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason
of mental disease or defect, and has been committed to the custody of the Alabama State Department
of Mental Health and Mental Retardation or another facility as provided by Section 15-16-43.
(3) DEPARTMENT. The State Department of Mental Health and Mental Retardation. (4) DISTRICT
ATTORNEY. The district attorney for the judicial circuit of the court which committed the
defendant pursuant to Section 15-16-43. (5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY.
Any mental health facility providing mental health services pursuant to Sections 22-51-1 through
22-51-14. (Acts 1988, No. 88-581, p. 906, §2.)...
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13A-11-75
Section 13A-11-75 Permit to carry pistol in vehicle or concealed on person - Issuance; fee;
revocation; release of information. (a)(1)a. The sheriff of a county, upon the application
of any person residing in that county, within 30 days from receipt of a complete application
and accompanying fee, shall issue or renew a permit for such person to carry a pistol in a
vehicle or concealed on or about his or her person within this state for one- to five-year
increments, as requested by the person seeking the permit, from date of issue, unless the
sheriff determines that the person is prohibited from the possession of a pistol or firearm
pursuant to state or federal law, or has a reasonable suspicion that the person may use a
weapon unlawfully or in such other manner that would endanger the person's self or others.
In making such determination, the sheriff may consider whether the applicant: 1. Was found
guilty but mentally ill in a criminal case. 2. Was found not guilty in a criminal case...
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13A-2-6
Section 13A-2-6 Effect of ignorance or mistake upon liability. (a) A person is not relieved
of criminal liability for conduct because he engages in that conduct under a mistaken belief
of fact unless: (1) His factual mistake negatives the culpable mental state required for the
commission of an offense; or (2) The statute defining the offense or a statute related thereto
expressly provides that such a factual mistake constitutes a defense or exemption; or (3)
The factual mistake is of a kind that supports a defense of justification as defined in Article
2 of Chapter 3 of this title. (b) A person is not relieved of criminal liability for conduct
because he engages in that conduct under a mistaken belief that it does not, as a matter of
law, constitute an offense, unless his mistaken belief is founded upon an official statement
of the law contained in a statute or the latest judicial decision of the highest state or
federal court which has decided on the matter. (c) The burden of...
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34-29-61
Section 34-29-61 Definitions. For the purposes of this article, the following terms shall have
the following meanings ascribed by this section: (1) ACCREDITED SCHOOL OF VETERINARY MEDICINE.
Any veterinary college or division of a university or college that offers the degree of doctor
of veterinary medicine or its equivalent and is accredited by the American Veterinary Medical
Association (AVMA). (2) ANIMAL. Any animal or mammal other than man, including birds, fish,
reptiles, wild or domestic, living or dead. (3) APPLICANT. A person who files an application
to be licensed to practice veterinary medicine or licensed as a veterinary technician. (4)
BOARD. Alabama State Board of Veterinary Medical Examiners. (5) CONSULTING VETERINARIAN. A
veterinarian licensed in another state who gives advice or demonstrates techniques to a licensed
Alabama veterinarian or group of licensed Alabama veterinarians. A consulting veterinarian
shall not utilize this privilege to circumvent the law. (6) DIRECT...
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