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15-18-66
Section 15-18-66 Definitions. As used in this article, the following words and terms shall
have the meanings respectively ascribed by this section: (1) CRIMINAL ACTIVITIES. Any offense
with respect to which the defendant is convicted or any other criminal conduct admitted by
the defendant. (2) PECUNIARY DAMAGES. All special damages which a person shall recover against
the defendant in a civil action arising out of the facts or events constituting the defendant's
criminal activities; the term shall include, but not be limited to the money or other equivalent
of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel,
medical, dental or burial expenses and wages including but not limited to wages lost as a
result of court appearances. (3) RESTITUTION. Full, partial or nominal payment of pecuniary
damages to the victim or to its equivalent in services performed or work or labor done for
the benefit of the victim as determined by the court of record. (4)...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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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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15-24-2
Section 15-24-2 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) COURT. The court having jurisdiction
over the offense charged. (2) DEFENDANT. Any person accused of a criminal offense against
state laws. (3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general
intellectual functioning resulting in or associated with concurrent impairments in adaptive
behavior and manifested during the developmental period, as measured by appropriate standardized
testing instruments. (Acts 1985, No. 85-652, p. 1020, §2.)...
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12-17-194
Section 12-17-194 Commencing prosecution on own affidavit. Any district attorney who commences
a prosecution for any criminal offense by his own affidavit, except for an offense against
his person or property or for a violation of the revenue laws or the prohibition laws, or
unless the affidavit is upon his personal knowledge of the commission of the offense, shall,
on conviction, be fined not less than $50.00. (Code 1876, §4146; Code 1886, §3940; Code
1896, §5126; Code 1907, §7793; Code 1923, §5513; Code 1940, T. 13, §243.)...
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34-25B-2
Section 34-25B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) FELONY. A criminal offense that is defined and punishable under the laws of
this state, or an offense committed outside the State of Alabama, which if committed in this
state, would constitute a felony under Alabama law; a crime in any other state or a crime
against the United States which is designated as a felony; or an offense in any other state,
territory, or country punishable by imprisonment for a term exceeding one year. (2) PRIVATE
INVESTIGATION. The compensated act of any individual or company engaging in the business of
obtaining or furnishing information with reference to any of the following: a. A crime committed
or threatened against the United States or any state or territory of the United States. b.
The identity, habits, conduct, business, occupation, honesty, integrity, credibility, including,
but not limited to, the credibility of a person giving testimony...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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6-5-346
Section 6-5-346 Defense of self, others, and property. (a) As used in this section, property
shall mean real property and buildings, structures, and improvements thereon. (b) Any person
who unlawfully enters or attempts to enter upon the property of another for the purposes of
engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any
injury caused or resulting to him or her due to the commission or effort to commit criminal
conduct; provided the property owner acts as a reasonably prudent person would act under same
or similar circumstances. The owner and his or her agents shall be immune from any civil liability
due to the reasonable and proportionate acts of the owner or his or her agents in resisting
the commission of the criminal conduct; provided that the person acts as a prudent person
would act under same or similar circumstances. (c) The provisions of this section do not apply
to the creation of a hidden hazardous or hidden dangerous condition...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining whether
to apply notification requirements to a juvenile sex offender, the sentencing court shall
consider any of the following factors relevant to the risk of re-offense: (1) Conditions of
release that minimize the risk of re-offense, including, but not limited to, whether the juvenile
sex offender is under supervision of probation, parole, or aftercare; receiving counseling,
therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to,
advanced age or debilitating illness. (3) Criminal history factors indicative of high risk
of re-offense, including whether the conduct of the juvenile sex offender was found to be
characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric
profiles indicate a risk of recidivism. (5) The relationship between the...
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