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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another person.
Factors to be considered in determining an implied threat include, but are not limited to,
the respective ages and sizes of the victim and the accused; the respective mental and physical
conditions of the victim and the accused; the atmosphere and physical setting in which the
incident was alleged to have taken place; the extent to which the accused may have been in
a position of authority, domination, or custodial control over the victim; or whether the
victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following: a. A person who suffers from a
mental or developmental disease or disability which renders the person...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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13A-6-151
Section 13A-6-151 Definitions. As used in this article, the following terms shall have
the following, or any combination of the following, meanings ascribed to them by this section:
(1) COERCION. Any of the following: a. Causing or threatening to cause physical injury or
mental suffering to any person, physically restraining or confining any person, or threatening
to physically restrain or confine any person or otherwise causing the person performing or
providing labor or services to believe that the person or another person will suffer physical
injury or mental suffering. b. Implementing any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would result in physical injury, mental
suffering, or physical restraint of any person. c. Destroying, concealing, removing, confiscating,
or withholding from the person or another person, or threatening to destroy, conceal, remove,
confiscate, or withhold from the person or another person, the person's...
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13A-11-72
Section 13A-11-72 Certain persons forbidden to possess pistol. (a) No person who has
been convicted in this state or elsewhere of committing or attempting to commit a crime of
violence, misdemeanor offense of domestic violence, violent offense as listed in Section
12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone
of unsound mind shall own a firearm or have one in his or her possession or under his or her
control. (b) No person who is a minor, except under the circumstances provided in this section,
a drug addict, or an habitual drunkard shall own a pistol or have one in his or her possession
or under his or her control. (c) Subject to the exceptions provided by Section 13A-11-74,
no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on
the premises of a public school. (d) Possession of a deadly weapon with the intent to do bodily
harm on the premises of a public school in violation of subsection (c) of this...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall
be known as the "Alabama Armed Services Accommodation Act." (b) The Legislature
finds it to be an important matter of public policy that an accommodation be made for military
members who are asked to testify in civil or criminal trials in this state but are unable
to attend in person. The purpose of this section is to ease the burdens on military
personnel and their families brought on by the duty of appearing as a witness in a trial in
this state when summoned. The purpose of this section is also to allow members of the
armed services to assist in trials in this state as witnesses without interrupting their military
service, while protecting the rights of all parties in civil or criminal litigation. The purpose
of this section is also to better enable the fact-finder to obtain crucial evidence
and will aid in the expeditious resolution of cases in this state by providing a procedure
in which testimony of...
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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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15-23-101
Section 15-23-101 Motion to order person charged to be tested for sexually transmitted
diseases. When a person has been charged with the crime of rape, sodomy, sexual misconduct,
sexual torture, sexual abuse, assault by bodily fluids, or any other crime in which the victim
was compelled to engage in sexual activity by force or threat of force, and it appears from
the nature of the charge that the transmission of body fluids from one person to another may
have been involved, upon the request of the victim or the parent or guardian of a minor victim,
the district attorney shall file a motion with the court for an order requiring the person
charged to submit to a test for any sexually transmitted disease. (Act 2006-572, p. 1504,
§2; Act 2019-465, §1.)...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit
to testing if the court determines there is probable cause to believe that the person charged
committed the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault
by bodily fluids, or any other crime where the victim was compelled to engage in sexual activity
by force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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15-3-5
Section 15-3-5 Offenses having no limitation. (a) There is no limitation of time within
which a prosecution must be commenced for any of the following offenses: (1) Any capital offense.
(2) Any felony involving the use, attempted use, or threat of, violence to a person. (3) Any
felony involving serious physical injury or death of a person. (4) Any sex offense pursuant
to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether
it involves force, serious physical injury, or death. (5) Any felony involving arson of any
type. (6) Any felony involving forgery of any type. (7) Any felony involving counterfeiting.
(8) Any felony involving drug trafficking. (b) The amendments made by this act shall apply
to both of the following: (1) To all crimes committed after January 7, 1985. (2) To all crimes
committed before January 7, 1985, for which no statute of limitations provided under pre-existing
law has run as of January 7, 1985. (c) Nothing herein shall be construed to...
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