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15-23-41
Section 15-23-41 Definitions. As used in this article, unless a contrary meaning is clearly
intended from the context in which the term appears, the following terms have the respective
meanings hereinafter set forth and indicated: (1) CONFIDENTIAL COMMUNICATION. Any information
exchanged between a victim and a victim counselor in private or in the presence of a third
party who is necessary to facilitate communication or further the counseling process and which
is disclosed in the course of the counselor's treatment of the victim for any emotional or
psychological condition resulting from a sexual assault or family violence. (2) VICTIM. A
person who consults a victim counselor for assistance in overcoming adverse emotional or psychological
effects of a sexual assault or family violence. (3) SEXUAL ASSAULT. Any sexual offense enumerated
in Sections 13A-6-60 through 13A-6-70. (4) FAMILY VIOLENCE. The occurrence of one or more
of the following acts between family or household members: a....
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45-29-82.62
Section 45-29-82.62 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-fourth Judicial Circuit may apply to the District Attorney of the Twenty-fourth Judicial
Circuit for admittance to the pretrial diversion program. A person charged with any of the
following offenses may apply for the program: (1) A drug offense, as provided in Section 12-23-5.
(2) A property offense, including, but not limited to, theft in any degree and burglary in
any degree. (3) An offense wherein the victim did not receive serious physical injury. (4)
An offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than a traffic or conservation
offense. (b) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Any Class A felony. (2) Any offense...
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13A-1-2
Section 13A-1-2 Definitions. Unless different meanings are expressly specified in subsequent
provisions of this title, the following terms shall have the following meanings: (1) BOOBY
TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by
any action of a person making contact with the device. This term includes guns, ammunition,
or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes,
nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the
production of toxic fumes or gases. (2) BURDEN OF INJECTING THE ISSUE. The term means that
the defendant must offer some competent evidence relating to all matters subject to the burden,
except that the defendant may rely upon evidence presented by the prosecution in meeting the
burden. (3) CLANDESTINE LABORATORY OPERATION. Any of the following: a. Purchase or procurement
of chemicals, supplies, equipment, or laboratory location for the...
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13A-11-8
Section 13A-11-8 Harassment or harassing communications. (a)(1) HARASSMENT. A person commits
the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she
either: a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to
physical contact. b. Directs abusive or obscene language or makes an obscene gesture towards
another person. (2) For purposes of this section, harassment shall include a threat, verbal
or nonverbal, made with the intent to carry out the threat, that would cause a reasonable
person who is the target of the threat to fear for his or her safety. (3) Harassment is a
Class C misdemeanor. (b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing
communications if, with intent to harass or alarm another person, he or she does any of the
following: a. Communicates with a person, anonymously or otherwise, by telephone, telegraph,
mail, or any other form of written or electronic communication, in a manner...
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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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13A-10-52
Section 13A-10-52 Fleeing or attempting to elude law enforcement officer. (a) It shall be unlawful
for a person to intentionally flee by any means from anyone the person knows to be a law enforcement
officer if the person knows the officer is attempting to arrest the person. (b) It shall be
unlawful for a person while operating a motor vehicle on a street, road, alley, or highway
in this state, to intentionally flee or attempt to elude a law enforcement officer after having
received a signal from the officer to bring the vehicle to a stop. (c) A violation of subsection
(a) or (b) is a Class A misdemeanor unless the flight or attempt to elude causes an actual
death or physical injury to innocent bystanders or third parties, in which case the violation
shall be a Class C felony. In addition, the court shall order the suspension of the driver's
license of the defendant for a period of not less than six months nor more than two years.
(Act 2009-616, p. 1779, §3.)...
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13A-11-290
Section 13A-11-290 Leaving child or incapacitated person unattended in motor vehicle prohibited.
(a) This section shall be known and cited as the Amiyah White Act. (b) For the purposes of
this section, the term motor vehicle shall mean any motor vehicle as defined in Section 32-1-1.1,
and the term incapacitated person shall mean any incapacitated person as defined in Section
26-2A-20. (c)(1) A licensed day care center, a licensed child care facility, a program providing
day care service to incapacitated persons, or any other child care service that is exempt
from licensing pursuant to Section 38-7-3, or an employee thereof, or a person for hire responsible
for a child under the age of 7 or an incapacitated person, shall not leave a child or an incapacitated
person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury
or harm. (2) A person violating this section shall be punished by a fine of not less than
two thousand dollars ($2,000). If a person has a...
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13A-6-68
Section 13A-6-68 Indecent exposure. (a) A person commits the crime of indecent exposure if,
with intent to arouse or gratify sexual desire of himself or herself, or of any person other
than his or her spouse, he or she exposes his or her genitals under circumstances in which
he or she knows the conduct is likely to cause affront or alarm. (b) Indecent exposure is
a Class A misdemeanor except a third or subsequent conviction shall be a Class C felony. (Acts
1977, No. 607, p. 812, §2325; Act 2011-534, p. 887, §1; Act 2019-465, §1.)...
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13A-11-14
Section 13A-11-14 Cruelty to animals. (a) A person commits the crime of cruelty to animals
if, except as otherwise authorized by law, he or she recklessly or with criminal negligence:
(1) Subjects any animal to cruel mistreatment; or (2) Subjects any animal in his or her custody
to cruel neglect; or (3) Kills or injures without good cause any animal belonging to another.
(b) Cruelty to animals is a Class A misdemeanor and on the first conviction of a violation
of this section shall be punished by a fine of not more than three thousand dollars ($3,000)
or imprisonment in the county jail for not more than one year, or both fine and imprisonment;
on a second conviction of a violation of this section, shall be punished by a fine of not
less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or imprisonment
in the county jail for not more than one year, or both fine and imprisonment; and on a third
or subsequent conviction of a violation of this section, shall be...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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