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13A-12-204
Section 13A-12-204 Criminal conspiracy to commit controlled substance crime. (a) A person is
guilty of criminal conspiracy to commit a controlled substance crime if he engages in the
conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance
crime. (b) The principles of liability and defenses for criminal conspiracy to commit a controlled
substance crime are the same as those specified in Sections 13A-4-3(b) through (f), Section
13A-4-4, and Section 13A-4-5. (c) A criminal conspiracy to commit a controlled substance crime
shall be punished the same as the controlled substance crime that is the object of the conspiracy.
(Acts 1987, No. 87-612, p. 1061, §4; Code 1975, §20-2-163; Acts 1988, 1st Ex. Sess., No.
88-918, p. 512, §2(9).)...
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13A-12-202
Section 13A-12-202 Criminal solicitation to commit controlled substance crime. (a) A person
is guilty of criminal solicitation to commit a controlled substance crime if he engages in
the conduct defined as criminal solicitation in Section 13A-4-1(a), and the crime solicited
is a controlled substance crime. (b) The principles of liability and defenses for criminal
solicitation to commit a controlled substance crime are the same as those specified in Sections
13A-4-1(b) through (e), and Section 13A-4-5. (c) Criminal solicitation to commit a controlled
substance crime shall be punished the same as the controlled substance crime solicited. (Acts
1987, No. 87-612, p. 1061, §2; Code 1975, §20-2-161; Acts 1988, 1st Ex. Sess., No. 88-918,
p. 512, §2(7).)...
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13A-4-2
Section 13A-4-2 Attempt. (a) A person is guilty of an attempt to commit a crime if, with the
intent to commit a specific offense, he does any overt act towards the commission of such
offense. (b) It is no defense under this section that the offense charged to have been attempted
was, under the attendant circumstances, factually or legally impossible of commission, if
such offense could have been committed had the attendant circumstances been as the defendant
believed them to be. (c) A person is not liable under this section if, under circumstances
manifesting a voluntary and complete renunciation of this criminal intent, he avoided the
commission of the offense attempted by abandoning his criminal effort and, if mere abandonment
is insufficient to accomplish such avoidance, by taking further and affirmative steps which
prevented the commission thereof. The burden of injecting this issue is on the defendant,
but this does not shift the burden of proof. (d) An attempt is a: (1) Class A...
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13A-4-4
Section 13A-4-4 Conspiracy formed in this state to commit crime elsewhere indictable here.
A conspiracy formed in this state to do an act beyond the state, which, if done in this state,
would be a criminal offense, is indictable and punishable in this state in all respects as
if such conspiracy had been to do such act in this state. (Code 1896, §4430; Code 1907, §6472;
Code 1923, §3573; Code 1940, T. 14, §102; Code 1975, §13-9-23.)...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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13A-10-198
Section 13A-10-198 Explosives or destructive device or bacteriological or biological weapons
crime - Conspiracy. (a) It shall be unlawful for a person to conspire to commit an explosives
or destructive device or bacteriological or biological weapons crime as contained in Act 2009-718.
A person is guilty of criminal conspiracy to commit an explosives or destructive device or
bacteriological or biological weapons crime if he or she intentionally engages in the conduct
defined in subsection (a) of Section 13A-4-3, and the object of the conspiracy is an explosives
or destructive device or bacteriological or biological weapons crime as contained in Act 2009-718.
(b) The principles of liability and defenses for criminal conspiracy to commit an explosives
or destructive device or bacteriological or biological weapons crime shall be the same as
those specified in subsections (b) to (f), inclusive, of Section 13A-4-3 and Sections 13A-4-4
and 13A-4-5. (c) A conspiracy to commit an explosives or...
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13A-1-9
Section 13A-1-9 Lesser included offenses. (a) A defendant may be convicted of an offense included
in an offense charged. An offense is an included one if: (1) It is established by proof of
the same or fewer than all the facts required to establish the commission of the offense charged;
or (2) It consists of an attempt or solicitation to commit the offense charged or to commit
a lesser included offense; or (3) It is specifically designated by statute as a lesser degree
of the offense charged; or (4) It differs from the offense charged only in the respect that
a less serious injury or risk of injury to the same person, property or public interests,
or a lesser kind of culpability suffices to establish its commission. (b) The court shall
not charge the jury with respect to an included offense unless there is a rational basis for
a verdict convicting the defendant of the included offense. (Acts 1977, No. 607, p. 812, §126.)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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40-29-119
Section 40-29-119 Periods of limitation on criminal prosecutions. (a) No person shall be prosecuted,
tried, or punished for any of the various offenses arising under the revenue laws unless the
indictment is found or the prosecution instituted within three years next after the commission
of the offense, except that the period of limitation shall be six years: (1) For offenses
involving the defrauding or attempting to defraud the State of Alabama or any agency thereof,
whether by conspiracy or not, and in any manner; (2) For the offense of willfully attempting
in any manner to evade or defeat any tax or the payment thereof; (3) For the offense of willfully
aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation
under, or in connection with any matter arising under, the statute revenue laws, of a false
or fraudulent return, affidavit, claim or document (whether or not such falsity or fraud is
with the knowledge or consent of the person authorized or...
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