Code of Alabama

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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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13A-10-31
Section 13A-10-31 Escape in the first degree. (a) A person commits the crime of escape in the
first degree if: (1) He employs physical force, a threat of physical force, a deadly weapon
or a dangerous instrument in escaping or attempting to escape from custody; or (2) Having
been convicted of a felony, he escapes or attempts to escape from custody imposed pursuant
to that conviction. (b) Escape in the first degree is a Class B felony. (Acts 1977, No. 607,
p. 812, §4606; Acts 1979, No. 79-471, p. 862, §1; Acts 1980, No. 80-753, §2.)...
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13A-3-27
Section 13A-3-27 Use of force in making an arrest or preventing an escape. (a) A peace officer
is justified in using that degree of physical force which he reasonably believes to be necessary,
upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of
a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor,
violation or violation of a criminal ordinance, unless the peace officer knows that the arrest
is unauthorized; or (2) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of physical force while making or attempting to make an arrest
for a misdemeanor, violation or violation of a criminal ordinance, or while preventing or
attempting to prevent an escape from custody of a person who has been legally arrested for
a misdemeanor, violation or violation of a criminal ordinance. (b) A peace officer is justified
in using deadly physical force upon another person when...
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13A-12-124
Section 13A-12-124 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) As used in this section,
the term minor victim means a person who committed, or was solicited to commit, an act of
prostitution while the person was a minor. (b) Evidence of any of the following facts or conditions
does not constitute a defense in a prosecution under Section 13A-12-121.1, nor shall the evidence
preclude a finding of a violation: (1) A minor victim's sexual history or history of commercial
sexual activity. (2) A minor victim's connection by blood or marriage to a defendant in the
case or to anyone involved in the minor victim's prostitution. (3) Consent of or permission
by a minor victim or anyone else on the minor victim's behalf to any commercial sex act or
sexually explicit performance. (4) Age of consent to engage in sexual activity. (5) Mistake
as to the minor victim's age, even if the mistake is...
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13A-5-13
Section 13A-5-13 Crimes motivated by victim's race, color, religion, national origin, ethnicity,
or physical or mental disability. (a) The Legislature finds and declares the following: (1)
It is the right of every person, regardless of race, color, religion, national origin, ethnicity,
or physical or mental disability, to be secure and protected from threats of reasonable fear,
intimidation, harassment, and physical harm caused by activities of groups and individuals.
(2) It is not the intent, by enactment of this section, to interfere with the exercise of
rights protected by the Constitution of the State of Alabama or the United States. (3) The
intentional advocacy of unlawful acts by groups or individuals against other persons or groups
and bodily injury or death to persons is not constitutionally protected when violence or civil
disorder is imminent, and poses a threat to public order and safety, and such conduct should
be subjected to criminal sanctions. (b) The purpose of this...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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34-17A-23
Section 34-17A-23 Therapists - Duties and liability. (a) There shall be no monetary liability
on the part of, and no cause of action shall arise against, any person who is a licensed marriage
and family therapist in failing to predict and warn of and protect from a patient's violent
behavior except where the patient has communicated to the marriage and family therapist a
serious threat of physical violence against a reasonably identifiable victim or victims. (b)
The duty to warn of or to take reasonable precautions to provide protection from violent behavior
arises only under the limited circumstance specified in subsection (a). The duty shall be
discharged by the marriage and family therapist if reasonable efforts are made to communicate
the threat to the victim or victims and to a law enforcement agency. (c) No monetary liability
and no cause of action may arise under this chapter against any person who is a licensed marriage
and family therapist under this chapter for confidences...
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13A-6-40
Section 13A-6-40 Definitions. The following definitions apply in this article: (1) RESTRAIN.
To intentionally or knowingly restrict a person's movements unlawfully and without consent,
so as to interfere substantially with his liberty by moving him from one place to another,
or by confining him either in the place where the restriction commences or in a place to which
he has been moved. Restraint is "without consent" if it is accomplished by: a. Physical
force, intimidation or deception, or b. Any means, including acquiescence of the victim, if
he is a child less than 16 years old or an incompetent person and the parent, guardian or
other person or institution having lawful control or custody of him has not acquiesced in
the movement or confinement. (2) ABDUCT. To restrain a person with intent to prevent his liberation
by either: a. Secreting or holding him in a place where he is not likely to be found, or b.
Using or threatening to use deadly physical force. (3) RELATIVE. A parent or...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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13A-6-158
Section 13A-6-158 Limitation period. (a)(1) Except as provided in subsection (c), an action
for an offense defined by this article where the victim is not a minor shall be brought within
five years from the date the victim was removed or escaped from the human trafficking situation.
(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving
the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until
such time as the victim has reached the age of 19 years. (3) The running of the statute of
limitations shall be suspended where a person entitled to bring a claim of an offense defined
by this article could not have reasonably discovered the crime due to circumstances resulting
from the human trafficking situation, such as psychological trauma, cultural and linguistic
isolation, and the inability to access services. (b) Any statute of limitation period imposed
for the filing of a civil action under this article will...
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