|
12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-1-9.htm - 1K - Match Info - Similar pages
13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable
in this article unless the context requires otherwise. (b) The following definitions are also
applicable to this article: (1) CUSTODY. A restraint or detention by a public servant pursuant
to a lawful arrest, conviction or order of court, but does not include mere supervision of
probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-30.htm - 1K - Match Info - Similar pages
13A-13-6
Section 13A-13-6 Endangering welfare of child. (a) A man or woman commits the crime of endangering
the welfare of a child when: (1) He or she knowingly directs or authorizes a child less than
16 years of age to engage in an occupation involving a substantial risk of danger to his life
or health; or (2) He or she, as a parent, guardian or other person legally charged with the
care or custody of a child less than 18 years of age, fails to exercise reasonable diligence
in the control of such child to prevent him or her from becoming a "dependent child"
or a "delinquent child," as defined in Section 12-15-1. (b) A person does not commit
an offense under Section 13A-13-4 or this section for the sole reason he provides a child
under the age of 19 years or a dependent spouse with remedial treatment by spiritual means
alone in accordance with the tenets and practices of a recognized church or religious denomination
by a duly accredited practitioner thereof in lieu of medical treatment. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-13-6.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-27.htm - 4K - Match Info - Similar pages
31-2A-82
Section 31-2A-82 (Article 82.) Solicitation. Any person subject to this code who solicits or
advises another to commit a violation of this code, if the offense solicited or advised is
attempted or committed, shall be punished with the punishment provided for the commission
of the offense, but, if the offense solicited or advised is not committed or attempted, the
person shall be punished as a court-martial may direct. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-82.htm - 748 bytes - Match Info - Similar pages
38-9F-3
Section 38-9F-3 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191. (2) ELDER ABUSE.
The commission of any of the following acts or the intent to commit any of the following acts
against an elderly person: a. Abuse, as defined in Section 38-9-2. b. Arson, as defined in
Sections 13A-7-40 to 13A-7-43, inclusive. c. Assault, as defined in Sections 13A-6-20 to 13A-6-22,
inclusive. d. Criminal coercion, as defined in Section 13A-6-25. e. Criminal trespass as defined
in Sections 13A-7-2 to 13A-7-4.1, inclusive. f. Emotional abuse, as defined in Section 13A-6-191.
g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171. h. Harassment, as
defined in Section 13A-11-8. i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.
j. Menacing, as defined in Section 13A-6-23. k. Reckless endangerment, as defined in Section
13A-6-24. l. Sexual abuse, as defined as any of the acts in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-3.htm - 2K - Match Info - Similar pages
44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into law and
entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-2-10.htm - 39K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-2-7.htm - 1K - Match Info - Similar pages
45-45-232.02
Section 45-45-232.02 Forfeiture of weapons. (a) Any device which is used as a weapon in the
commission of a crime against any person or any device which is used as a weapon in any attempt
to commit any crime against any person, and any weapon or device possessed during any violation
of the laws concerning controlled substances, and any weapon or device found on or about the
person of any juvenile regardless of whether or not they are charged or convicted of a crime,
and any weapon for which a person has been convicted of the crime of carrying a concealed
weapon, and any weapon or device which is found on or about the person of any person who is
prohibited by law from carrying or possessing the device or weapon, and any device or weapon
which is abandoned or otherwise found and the lawful owner cannot be located is hereby declared
to be contraband, forfeited, and becomes property of the State of Alabama; provided, however,
that a motor vehicle shall not be deemed to be a device or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-232.02.htm - 4K - Match Info - Similar pages
|