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13A-3-23
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 degree, forcible rape, or forcible sodomy. (4) Using or about to use
physical force against an owner, employee, or other person authorized to be on business property
when the business is closed to the public while committing or attempting to commit a crime
involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime
of a sexual nature involving a child under the age of 12. (5) In the process of unlawfully
and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence,
business property, or occupied vehicle, or federally licensed nuclear power facility, or is
in the process of sabotaging or attempting to sabotage a federally licensed nuclear power
facility, or is attempting to remove, or has forcefully removed, a person against his...
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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
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 section
is to impose additional penalties where it is shown that a perpetrator committing the underlying
offense was motivated by the victim's actual or perceived race, color, religion, national
origin, ethnicity, or physical or mental disability. (c) A person who...
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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
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 system which lies within the geographic...
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13A-6-158
minor, then the limitation period will not commence running until he or she has reached the
age of majority. (2) If the plaintiff is under a disability at the time the cause of action
accrues, so that it is impossible or impractical for him or her to bring an action, then the
time of the disability is not part of the time limited for the commencement of the action.
Disability includes, but is not limited to, insanity, imprisonment, or other incapacity or
incompetence. (3) If the plaintiff's injury is caused by two or more acts that are
part of a continuing series of sex trade acts by the same defendant, then the limitation period
will not commence running until the last sex trade act in the continuing series occurs. (4)
If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by
the defendant or by any person acting in the interest of the defendant, then the time when
these acts occur will not be part of the time limited for the commencement of this...
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