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13A-6-43
Section 13A-6-43 Kidnapping in the first degree. (a) A person commits the crime of kidnapping
in the first degree if he abducts another person with intent to (1) Hold him for ransom or
reward; or (2) Use him as a shield or hostage; or (3) Accomplish or aid the commission of
any felony or flight therefrom; or (4) Inflict physical injury upon him, or to violate or
abuse him sexually; or (5) Terrorize him or a third person; or (6) Interfere with the performance
of any governmental or political function. (b) A person does not commit the crime of kidnapping
in the first degree if he voluntarily releases the victim alive, and not suffering from serious
physical injury, in a safe place prior to apprehension. The burden of injecting the issue
of voluntary safe release is on the defendant, but this does not shift the burden of proof.
This subsection does not apply to a prosecution for or preclude a conviction of kidnapping
in the second degree or any other crime. (c) Kidnapping in the first...
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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-6-20
Section 13A-6-20 Assault in the first degree. (a) A person commits the crime of assault in
the first degree if: (1) With intent to cause serious physical injury to another person, he
or she causes serious physical injury to any person by means of a deadly weapon or a dangerous
instrument; or (2) With intent to disfigure another person seriously and permanently, or to
destroy, amputate, or disable permanently a member or organ of the body of another person,
he or she causes such an injury to any person; or (3) Under circumstances manifesting extreme
indifference to the value of human life, he or she recklessly engages in conduct which creates
a grave risk of death to another person, and thereby causes serious physical injury to any
person; or (4) In the course of and in furtherance of the commission or attempted commission
of 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...
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13A-7-5
Section 13A-7-5 Burglary in the first degree. (a) A person commits the crime of burglary in
the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling
with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or
in immediate flight therefrom, the person or another participant in the crime: (1) Is armed
with explosives; or (2) Causes physical injury to any person who is not a participant in the
crime; or (3) In effecting entry, is armed with a deadly weapon or dangerous instrument or,
while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate
use of a deadly weapon or dangerous instrument against another person. The use of or threatened
use of a deadly weapon or dangerous instrument does not include the mere acquisition of a
deadly weapon or dangerous instrument during the burglary. (b) Burglary in the first degree
is a Class A felony. (Acts 1977, No. 607, p. 812, §2610; Acts 1979,...
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13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical
force upon another person in order to defend himself or herself or a third person from what
he or she reasonably believes to be the use or imminent use of unlawful physical force by
that other person, and he or she may use a degree of force which he or she reasonably believes
to be necessary for the purpose. A person may use deadly physical force, and is legally presumed
to be justified in using deadly physical force in self-defense or the defense of another person
pursuant to subdivision (5), if the person reasonably believes that another person is: (1)
Using or about to use unlawful deadly physical force. (2) Using or about to use physical force
against an occupant of a dwelling while committing or attempting to commit a burglary of such
dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first
or second degree, burglary in any degree, robbery in any...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which reasonable
efforts are not required to be made. (a) When the juvenile court enters an order removing
a child from his or her home and places the child into foster care or custody of the Department
of Human Resources pursuant to this chapter, the order shall contain specific findings, if
warranted by the evidence, within the following time periods while making child safety the
paramount concern: (1) In the first order of the juvenile court that sanctions the removal,
whether continuation of the residence of the child in the home would be contrary to the welfare
of the child. This order may be the pick-up order that the juvenile court issues on the filing
of a dependency petition. (2) Within 60 days after the child is removed from the home of the
child, whether reasonable efforts have been made to prevent removal of the child or whether
reasonable efforts were not required to be made. (3) Within 12...
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17-3-30.1
Section 17-3-30.1 Disqualification of electors for felonies involving moral turpitude. (a)
This section shall be known and may be cited as the Felony Voter Disqualification Act. (b)(1)
The Legislature finds and declares that: a. Article VIII of the Constitution of Alabama of
1901, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution
of Alabama of 1901, as amended, provides that Alabama citizens shall lose the right to vote
when convicted of a crime only if the conviction was for a felony involving moral turpitude.
b. Under general law, there is no comprehensive list of felonies that involve moral turpitude
which disqualify a person from exercising his or her right to vote. Neither individuals with
felony convictions nor election officials have a comprehensive, authoritative source for determining
if a felony conviction involves moral turpitude and is therefore a disqualifying felony. (2)
The purposes of this section are: a. To give full effect...
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13A-6-192
Section 13A-6-192 Elder abuse and neglect - First degree. (a) A person commits the crime of
elder abuse and neglect in the first degree if he or she intentionally abuses or neglects
any elderly person and the abuse or neglect causes serious physical injury to the elderly
person. (b) Elder abuse and neglect in the first degree is a Class A felony. (Act 2013-307,
§3; §38-9E-3; renumbered by Act 2014-346, p. 1289, §1(b)(7).)...
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