13A-9-91
Section 13A-9-91 Illegal possession of food stamps in the first, second, and third degree. (a) A person commits the crime of illegal possession of food stamps if: (1) He or she knowingly uses, transfers, acquires, alters, or possesses food stamp coupons or food stamp authorization cards in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the regulations issued pursuant to the act; or (2) He or she presents or causes to be presented food stamp coupons for payment or redemption knowing the same to have been received, transferred, or used in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq., or the regulations pursuant to the act. (b) Illegal possession of food stamps which exceed two thousand five hundred dollars ($2,500) in value constitutes illegal possession of food stamps in the first degree and is a Class B felony. (c) Illegal possession of food stamps which exceed five hundred dollars ($500) in value but do not...
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30-3-167
Section 30-3-167 Disclosure exceptions. (a) In order to protect the identifying information of persons at risk from the effects of domestic violence or abuse, on a finding by the court that the health, safety, or liberty of a person or a child would be unreasonably put at risk by the disclosure of the identifying information required by Section 30-3-163 or Section 30-3-164 in conjunction with a proposed change of principal residence of a child or change of principal residence of a person having custody of or rights of visitation with a child, the court may order any or all of the following: (1) The specific residence address and telephone number of a child or the person having custody of or rights of visitation with a child and other identifying information shall not be disclosed in the pleadings, other documents filed in the proceeding, or in any order issued by the court, except for in camera disclosures. (2) The notice requirements provided by this article may be waived to the...
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30-3-169.4
Section 30-3-169.4 Burden of proof. In proceedings under this article unless there has been a determination that the party objecting to the change of the principal residence of the child has been found to have committed domestic violence or child abuse, there shall be a rebuttable presumption that a change of principal residence of a child is not in the best interest of the child. The party seeking a change of principal residence of a child shall have the initial burden of proof on the issue. If that burden of proof is met, the burden of proof shifts to the non-relocating party. (Act 2003-364, p. 1017, §14.)...
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13A-6-136
Section 13A-6-136 Relation to domestic or family abuse laws. For the purposes of Article 6, Chapter 3 of Title 30, the definition of "domestic or family abuse" includes an incident of domestic violence in the first, second, or third degrees pursuant to this article. (Act 2000-266, p. 411, §7.)...
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13A-6-143
Section 13A-6-143 Arrest for violation of article. A law enforcement officer may arrest any person for the violation of this article if the officer has probable cause to believe that the person has violated any provision of a valid domestic violence protection order, whether temporary or permanent. The presentation of a domestic violence protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this article, the domestic violence protection order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the domestic violence protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence protection order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is...
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13A-6-44
Section 13A-6-44 Kidnapping in the second degree. (a) A person commits the crime of kidnapping in the second degree if he abducts another person. (b) A person does not commit a crime under this section if: (1) The abduction is not coupled with intent to use or to threaten to use deadly force, (2) The actor is a relative of the person abducted, and (3) The actor's sole purpose is to assume lawful control of that person. The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof. (c) Kidnapping in the second degree is a Class B felony. (Acts 1977, No. 607, p. 812, §2211.)...
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13A-7-42
Section 13A-7-42 Arson in the second degree. (a) A person commits the crime of arson in the second degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion. (b) A person does not commit a crime under subsection (a) if: (1) No person other than himself has a possessory or proprietary interest in the building damaged; or if other persons have those interests, all of them consented to his conduct; and (2) His sole intent was to destroy or damage the building for a lawful and proper purpose. (c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof. (d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in Section 13A-10-30, with reckless disregard (because of the nature or extent of the damage caused or which...
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13A-7-43
Section 13A-7-43 Arson in the third degree. (a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion. (b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building. (c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof. (d) Arson in the third degree is a Class A misdemeanor. (Acts 1977, No. 607, p. 812, §2807.)...
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30-3-131
Section 30-3-131 Determination raises rebuttable presumption that custody with perpetrator detrimental to child. In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence. Notwithstanding the provisions regarding rebuttable presumption, the judge must also take into account what, if any, impact the domestic violence had on the child. (Acts 1995, No. 95-629, p. 1332, §2.)...
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30-6-7
Section 30-6-7 Limitations on appropriation and expenditure of funds. (a) The Department of Economic and Community Affairs may pay the administrative costs necessary to fulfill the requirements of this chapter from the Domestic Violence Trust Fund; provided, however, the department may not expend, on an annual basis, more than eight percent of the total available funds from the Domestic Violence Trust Fund, or the actual costs of administration, whichever is less. (b) Each domestic violence center shall complete a financial audit after its first year of operation following certification. Thereafter, a domestic violence center shall complete a financial audit every three years or at the request of the director. (Acts 1981, No. 81-813, p. 1452, §7; Act 99-589, p. 1344, §1; Act 2015-493, §2.)...
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