13A-2-24
Section 13A-2-24 Criminal liability based upon behavior of another - Exceptions. Unless otherwise
provided by the statute defining the offense, a person shall not be legally accountable for
behavior of another constituting a criminal offense if: (1) He is a victim of that offense;
or (2) The offense is so defined that his conduct is inevitably incidental to its commission;
or (3) Prior to the commission of the offense, he voluntarily terminated his effort to promote
or assist its commission and either gave timely and adequate warning to law enforcement authorities,
or to the intended victim, or wholly deprived his complicity of its effectiveness in the commission
of the offense. The burden of injecting this issue is on the defendant, but this does not
shift the burden of proof. (Acts 1977, No. 607, p. 812, §420.)...
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13A-2-23
Section 13A-2-23 Criminal liability based upon behavior of another - Complicity. A person is
legally accountable for the behavior of another constituting a criminal offense if, with the
intent to promote or assist the commission of the offense: (1) He procures, induces or causes
such other person to commit the offense; or (2) He aids or abets such other person in committing
the offense; or (3) Having a legal duty to prevent the commission of the offense, he fails
to make an effort he is legally required to make. (Acts 1977, No. 607, p. 812, §415.)...

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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-2-22
Section 13A-2-22 Criminal liability based upon behavior of another - Conduct of an innocent
person. (a) A person is legally accountable for the behavior of another if, acting with the
culpable mental state sufficient for the commission of the offense in question, he causes
an innocent person to engage in such behavior. (b) As used in this section, an "innocent
person" includes any person who is not guilty of the offense in question, despite his
behavior, because of: (1) Criminal irresponsibility or other legal incapacity or exemption.
(2) Unawareness of the criminal nature of the conduct in question or of the defendant's criminal
purpose. (3) Any other factor precluding the mental state sufficient for the commission of
the offense in question. (Acts 1977, No. 607, p. 812, §410.)...
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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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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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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...
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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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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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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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