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13A-4-5
Section 13A-4-5 Consummation of object offense not defense to prosecution; multiple convictions
on basis of same course of conduct. (a) It is no defense to a prosecution for criminal solicitation,
Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the
offense solicited, attempted or conspired was actually committed. (b) A person may not be
convicted on the basis of the same course of conduct of both the actual commission of an offense
and: (1) An attempt to commit the offense; or (2) Criminal solicitation of the offense; or
(3) Criminal conspiracy of the offense. (c) A person may not be convicted of more than one
of the offenses defined in Sections 13A-4-1, 13A-4-2 and 13A-4-3 for a single course of conduct
designed to commit or to cause the commission of the same crime. (Acts 1977, No. 607, p. 812,
ยง1020.)...
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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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13A-8-2.1
Section 13A-8-2.1 Aggravated theft by deception. (a) A person commits the crime of aggravated
theft by deception if he or she does any of the following: (1) He or she commits a theft of
foreign or domestic funds, cash, or cash equivalent, that includes, but is not limited to,
stocks, bonds, investments, or retirement accounts, that exceeds two hundred thousand dollars
($200,000) in value, if obtained by deception. (2) He or she commits a theft of public funds
or revenue of any state, county, or municipal government agency or department, or any governmental
or political subdivision that exceeds one hundred thousand dollars ($100,000) in value, if
obtained by deception. (b) The limitations period for any prosecution under this section does
not commence or begin to accrue until the discovery of the facts constituting the deception,
after which the prosecution shall be commenced within six years. (c) Aggravated theft by deception
is a felony with a range of punishment of five to 30 years'...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education may revoke
any certificate issued under this chapter when the holder has been guilty of immoral conduct
or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding,
under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised
from certification and any other rights pursuant to Section 16-24-9. (b) The State Superintendent
of Education shall immediately revoke any certificate issued under this chapter when the holder
is convicted of capital murder or any Class A felony, including, but not limited to, rape,
murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or second degree,
pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or second degree, pursuant
to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant to Section 13A-6-65.1. (4) Sexual
abuse in the first or second degree, pursuant to...
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15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes any
of the following offenses: (1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated
delinquent of a violation of rape in the second degree is presumed to be exempt from this
chapter after the juvenile has been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court makes a determination that the
juvenile sex offender is to be subject to this chapter. (3) Sodomy in the first degree, as
provided by Section 13A-6-63. (4) Sodomy in the second degree, as provided by Section 13A-6-64.
A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree
is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers
of the conduct for which he or she was adjudicated delinquent unless...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining
witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless the
context clearly indicates otherwise, the following words and phrases shall have the following
respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime
charged, the prosecution of which is subject to the provisions of this section. (2) CRIMINAL
SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct,
sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term
includes, but is not limited to, evidence of the complaining witness's marital history, mode
of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the
community standards. (b) In any prosecution for criminal sexual conduct or for assault with
intent to commit, attempt to commit or conspiracy to commit...
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex offender
may petition at sentencing, or if after sentencing, a sex offender may file a petition in
the civil division of the circuit court in the county where the sex offender seeks to accept
or maintain employment for relief from the employment restrictions pursuant to subsection
(b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following
sex offenses shall not be entitled to relief under this section: (1) Rape in the first degree,
as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided by Section 13A-6-63.
(3) Sexual abuse in the first degree, as provided by Section 13A-6-66. (4) Sex abuse of a
child less than 12 years old, as provided by Section 13A-6-69.1. (5) Sexual torture, as provided
by Section 13A-6-65.1. (6) Any sex offense involving a child. (7) Any solicitation, attempt,
or conspiracy to commit any of the offenses listed in subdivisions (1)...
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13A-4-1
Section 13A-4-1 Criminal solicitation. (a) A person is guilty of criminal solicitation if,
with the intent that another person engage in conduct constituting a crime, he solicits, requests,
commands or importunes such other person to engage in such conduct. A person may not be convicted
of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited,
and there must be proof of circumstances corroborating both the solicitation and the defendant's
intent. (b) A person is not liable under this section if, under circumstances manifesting
a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited
of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities
or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.
The burden of injecting this issue is on the defendant, but this does not shift the burden
of proof. (c) A person is not liable under...
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20-2-190.2
Section 20-2-190.2 Electronic drug offender tracking system. (a) For the purposes of this section,
the following words shall have the following meanings: (1) DRUG RELATED CONVICTION. Any conviction
or plea of nolo contendere for the offense of possession, distribution, trafficking, or any
degree of manufacture of controlled substances, or drug paraphernalia. A drug related conviction
shall also include the inchoate crimes of attempt, solicitation, or conspiracy of any of the
drug related crimes. (2) DRUG OFFENDER. Any person who has any conviction listed in subdivision
(1). (b) Effective January 1, 2013, the State Bureau of Investigations shall implement a real-time
electronic drug offender tracking system to catalogue all criminal convictions in this state
of persons convicted of felonies or misdemeanors involving the possession, distribution, manufacture,
or trafficking of controlled substances. This catalogue shall include, but not be limited
to, paraphernalia convictions,...
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