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13A-6-70
Section 13A-6-70 Lack of consent. (a) Unless otherwise stated, an element of every offense
defined in this article is that the sexual act was committed without the consent of the victim.
(b) Lack of consent results from either of the following: (1) Forcible compulsion. (2) Being
incapable of consent. (c) A person is deemed incapable of consent if he or she is either:
(1) Less than 16 years old. (2) Incapacitated. (d) Consent to engage in sexual intercourse,
sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence
of a current or previous marital, dating, social, or sexual relationship with the defendant
is not sufficient to constitute consent. Evidence that the victim suggested, requested, or
otherwise communicated to the defendant that the defendant use a condom or other birth control
device or sexually transmitted disease protection, without additional evidence of consent,
is not sufficient to constitute consent. (Acts 1977, No. 607, p. 812,...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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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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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into law and
entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the...
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13A-6-67
Section 13A-6-67 Sexual abuse in the second degree. (a) A person commits the crime of sexual
abuse in the second degree if he or she does either of the following: (1) Subjects another
person to sexual contact who is incapable of consent by reason of some factor other than being
less than 16 years old. (2) Being 19 years old or older, subjects another person to sexual
contact who is less than 16 years old, but more than 12 years old. (b) Sexual abuse in the
second degree is a Class A misdemeanor, except as provided in subsection (c), or if a person
commits a second or subsequent offense of sexual abuse in the second degree within one year
of another sexual offense, the offense is a Class C felony. (c) If a person violates subdivision
(a)(2), and he or she is at least 15 years older than the victim, the offense shall be a Class
C felony. (Acts 1977, No. 607, p. 812, §2321; Act 2000-728, p. 1566, §1; Act 2019-465, §1;
Act 2019-516, §1.)...
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13A-6-154
Section 13A-6-154 Evidence of certain facts or conditions not deemed a defense. Evidence of
the following facts or conditions shall not constitute a defense in a prosecution for human
trafficking in the first or second degree, nor shall the evidence preclude a finding of a
violation: (1) A human trafficking victim's sexual history or history of commercial sexual
activity. (2) A human trafficking victim's connection by blood or marriage to a defendant
in the case or to anyone involved in the victim's trafficking. (3) Consent of or permission
by a victim of human trafficking or anyone else on the victim's behalf to any commercial sex
act or sexually explicit performance. (4) Age of consent to sex, an act defined by paragraph
b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age
of marriage, or other discretionary age. (5) Mistake as to the human trafficking victim's
age, even if the mistake is reasonable. (Act 2010-705, p. 1708, §5.)...
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