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13A-5-43.1
Section 13A-5-43.1 Life imprisonment for certain crimes by persons under 18 years of age. Notwithstanding
any other provision of law, if a defendant is found guilty of any non-homicide crime for which
the only sentence provided by law is life imprisonment without the possibility of parole and
that defendant proves by a preponderance of the evidence that he or she was under the age
of 18 years at the time of the offense, the sentence shall be life imprisonment. (Act 2016-360,
ยง2.)...
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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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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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13A-6-26
Section 13A-6-26 Compelling streetgang membership. (a) For purposes of this section, the term
"streetgang" means any combination, confederation, alliance, network, conspiracy,
understanding, or other similar arrangement in law or in fact, of three or more persons that,
through its membership or through the agency of any member, engages in a course or pattern
of criminal activity. (b) A person who expressly or by implication threatens to do bodily
harm or does bodily harm to a person, a family member or a friend of the person, or any other
person, or uses any other unlawful criminal means to solicit or cause any person to join or
remain in a streetgang is guilty of the crime of compelling streetgang membership. (c) The
crime of compelling streetgang membership is a Class C felony. (d) Notwithstanding subsection
(c), the crime of compelling streetgang membership is a Class A felony if the defendant is
over the age of 18 years and the other person is under the age of 18 years. (e) This...
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15-9-1
Section 15-9-1 Information leading to arrest and conviction - Crimes punishable by death or
life imprisonment. When any of the following crimes have been committed: (1) Kidnapping with
the intent of obtaining money or property for release of the person kidnapped; (2) Attempt
to kidnap with the intent to obtain money or property for the release of the person attempted
to be kidnapped; (3) Arson in the first degree which produces death or maiming of any person;
(4) Arson in the second degree which produces death or maiming of any person; (5) Burglary
in the first degree; (6) Sabotage or attempt to sabotage any property, facility or service
that is being used in connection with national defense, with intent to injure the United States,
the State of Alabama or any facilities or property used for national defense, where loss of
life occurs by reason of such sabotage or attempt; (7) Exploding or setting off dynamite or
other explosives in certain places as described in Section 13-2-61; (8)...
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13A-5-2
Section 13A-5-2 Authorized dispositions. (a) Every person convicted of a felony shall be sentenced
by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10.
(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the
court to pay a fine authorized by Section 13A-5-11. (c) Every person convicted of a misdemeanor
or violation shall be sentenced by the court to: (1) Imprisonment for a term authorized by
Section 13A-5-7; or (2) Pay a fine authorized by Section 13A-5-12; or (3) Both such imprisonment
and fine. (d) Every person convicted of a felony, misdemeanor, or violation, except for the
commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed
on probation as authorized by law. (e) This article does not deprive a court of authority
conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license
or permit, remove a person from office, cite for contempt, or...
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13A-12-232
Section 13A-12-232 Sentence not to be suspended, deferred, etc., prior to mandatory minimum
term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc.,
of accessories, principals, etc. (a) Notwithstanding the provisions of Chapter 22, Title 15,
or any other provision of law, with respect to any person who is found to have violated Section
13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred,
or withheld, nor shall such person be eligible for any type of parole, probation, work release,
supervised intensive restitution program, release because of deduction from sentence for good
behavior under corrections incentive time act or any other program, furlough, pass, leave,
or any other type of early, conditional, or temporary release program, nor shall such person
be permitted to leave the penitentiary for any reason whatsoever except for necessary court
appearances and for necessary medical treatment, prior to serving...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall be
for a definite term of imprisonment, which imprisonment includes hard labor, within the following
limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10
years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3) For a Class
C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with
subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the
offense is a sex offense pursuant to Section 15-20A-5. (4) For a Class D felony, not more
than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of
Section 15-18-8. (5) For a Class A felony in which a firearm or deadly weapon was used or
attempted to be used in the commission of the felony, or a Class A felony sex offense involving
a child as defined in Section 15-20A-4, not less than 20 years. (6) For a...
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14-9-41
Section 14-9-41 Computation of incentive time deductions. (a) Each prisoner who shall hereafter
be convicted of any offense against the laws of the State of Alabama and is confined, in execution
of the judgment or sentence upon any conviction, in the penitentiary or at hard labor for
the county or in any municipal jail for a definite or indeterminate term, other than for life,
whose record of conduct shows that he or she has faithfully observed the rules for a period
of time to be specified by this article may be entitled to earn a deduction from the term
of his or her sentence as follows: (1) Seventy-five days for each 30 days actually served
while the prisoner is classified as a Class I prisoner. (2) Forty days for each 30 days actually
served while the prisoner is a Class II prisoner. (3) Twenty days for each 30 days actually
served while the prisoner is a Class III prisoner. (4) No good time shall accrue during the
period the prisoner is classified as a Class IV prisoner. (b)...
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