38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose behavior indicates that he or she is mentally incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others, or who, because of physical or mental impairment, is unable to protect himself or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has no guardian, relative, or other appropriate person able, willing, and available to assume the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER. An individual who has the responsibility for the care of a protected...
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13A-11-42
Section 13A-11-42 Voyeurism in the second degree. (a) A person commits the crime of voyeurism in the second degree if he or she knowingly photographs or films the intimate areas of another person, whether through, under, or around clothing, without that person's knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place. (b) Voyeurism in the second degree is a Class A misdemeanor, except if the defendant is 18 years of age or younger on the date of the offense, voyeurism in the second degree is a Class B misdemeanor. (c) The statute of limitations begins at the time of discovery of the photograph or film. (Act 2019-481, §3.)...
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13A-6-153
Section 13A-6-153 Human trafficking in the second degree. (a) A person commits the crime of human trafficking in the second degree if: (1) A person knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude. (2) A person knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude. (3) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or...
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13A-6-44
Section 13A-6-44 Kidnapping in the second degree. (a) A person commits the crime of kidnapping in the second degree if he abducts another person. (b) A person does not commit a crime under this section if: (1) The abduction is not coupled with intent to use or to threaten to use deadly force, (2) The actor is a relative of the person abducted, and (3) The actor's sole purpose is to assume lawful control of that person. The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof. (c) Kidnapping in the second degree is a Class B felony. (Acts 1977, No. 607, p. 812, §2211.)...
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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-10-37
Section 13A-10-37 Promoting prison contraband in the second degree. (a) A person is guilty of promoting prison contraband in the second degree if: (1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any narcotic, dangerous drug or controlled substance as defined in the "Alabama Controlled Substances Act," or any amendments thereto; or (2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any narcotic, dangerous drug, or controlled substance as defined in Chapter 2 of Title 20 of this Code. (b) Promoting prison contraband in the second degree is a Class C felony. (Acts 1977, No. 607, p. 812, §4616.)...
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13A-6-42
Section 13A-6-42 Unlawful imprisonment in the second degree. (a) A person commits the crime of unlawful imprisonment in the second degree if he restrains another person. (b) A person does not commit a crime under this section if: (1) The person restrained is a child less than 18 years old, and (2) The actor is a relative of the child, and (3) The actor's sole purpose is to assume lawful control of the child. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof. (c) Unlawful imprisonment in the second degree is a Class C misdemeanor. (Acts 1977, No. 607, p. 812, §2206.)...
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13A-6-62
Section 13A-6-62 Rape in the second degree. (a) A person commits the crime of rape in the second degree if, being 16 years old or older, he or she engages in sexual intercourse with another person who is 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person. (b) Rape in the second degree is a Class B felony. (Acts 1977, No. 607, p. 812, §2311; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §2; Act 2000-726, p. 1557, §1; Act 2019-465, §1.)...
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13A-6-64
Section 13A-6-64 Sodomy in the second degree. (a) A person commits the crime of sodomy in the second degree if, being 16 years old or older, he or she engages in sodomy with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person. (b) Sodomy in the second degree is a Class B felony. (Acts 1977, No. 607, p. 812, §2316; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §3; Act 2019-465, §1.)...
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13A-7-22
Section 13A-7-22 Criminal mischief in the second degree. (a) A person commits the crime of criminal mischief in the second degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount which exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500). (b)(1) Criminal mischief in the second degree is a Class A misdemeanor punishable as provided by law. (2) Upon a second conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 10 days in jail and upon a third or subsequent conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious...
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