13A-7-42
Section 13A-7-42 Arson in the second degree. (a) A person commits the crime of arson in the second degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion. (b) A person does not commit a crime under subsection (a) if: (1) No person other than himself has a possessory or proprietary interest in the building damaged; or if other persons have those interests, all of them consented to his conduct; and (2) His sole intent was to destroy or damage the building for a lawful and proper purpose. (c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof. (d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in Section 13A-10-30, with reckless disregard (because of the nature or extent of the damage caused or which...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge that, before the finding of this indictment, etc. (describing the offense as in the following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales of the capital stock of the X. Y. company (or otherwise describing the security so advertised), which said stock (or other security) had not then...
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13A-7-41
Section 13A-7-41 Arson in the first degree. (a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when: (1) Another person is present in such building at the time, and (2) The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility. (b) Arson in the first degree is a Class A felony. (Acts 1977, No. 607, p. 812, §2805.)...
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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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13A-7-6
Section 13A-7-6 Burglary in the second degree. (a) A person commits the crime of burglary in the second degree if he or she knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime: (1) Is armed with explosives; or (2) Causes physical injury to any person who is not a participant in the crime; or (3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary. (b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in...
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13A-6-193
Section 13A-6-193 Elder abuse and neglect - Second degree. (a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following: (1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person. (2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person. (3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court. (b) Elder abuse and neglect in the second degree is a Class B felony. (Act 2013-307, §4; §38-9E-4; renumbered by Act 2014-346, p. 1289, §1(b)(7).)...
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13A-7-43
Section 13A-7-43 Arson in the third degree. (a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion. (b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building. (c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof. (d) Arson in the third degree is a Class A misdemeanor. (Acts 1977, No. 607, p. 812, §2807.)...
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13A-10-35
Section 13A-10-35 Permitting or facilitating escape in the second degree. (a) A person commits the crime of permitting or facilitating escape in the second degree if: (1) He intentionally aids or attempts to aid in the escape of a person arrested for, charged with or convicted of a misdemeanor from a penal or detentional facility; or (2) He is a public servant of a penal or detention facility and who intentionally, knowingly, or recklessly permits or facilitates the escape of a person arrested for, charged with, or convicted of a misdemeanor. (b) Permitting or facilitating escape in the second degree is a Class A misdemeanor. (Acts 1977, No. 607, p. 812, §4611.)...
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13A-6-21
Section 13A-6-21 Assault in the second degree. (a) A person commits the crime of assault in the second degree if the person does any of the following: (1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person. (2) With intent to cause physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon or a dangerous instrument. (3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (4) With intent to prevent a peace officer, as defined in Section 36-21-60, a detention or correctional officer at any municipal or county jail or state penitentiary, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty, he or she intends to cause physical injury and he or she causes physical injury to any person. For the purpose of this subdivision, a person who is a peace officer who is...
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13A-7-26
Section 13A-7-26 Criminal tampering in the second degree. (a) A person commits the crime of criminal tampering in the second degree if, having no right to do so or any reasonable ground to believe that he has such a right, he: (1) Intentionally tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or (2) Intentionally tampers or makes connection with property of a utility. (b) Criminal tampering in the second degree is a Class B misdemeanor. (Acts 1977, No. 607, p. 812, §2712.)...
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