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-10-40
Section 13A-10-40 Bail jumping in the second degree. (a) A person commits the crime of bail jumping in the second degree if, having been lawfully released from custody, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of his having committed any misdemeanor or Class C felony, he fails to appear at that time and place. (b) It is a defense to prosecution under this section that the defendant's failure to appear was unintentional or was unavoidable and due to circumstances beyond his control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability and circumstances beyond his control, is on the defendant. (c) This section does not apply to a person released from custody on condition that he will appear in connection with a charge of having committed a misdemeanor in violation of Title 32 of this Code. (d) Bail jumping in the second degree is a Class A misdemeanor. (Acts...
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13A-10-39
Section 13A-10-39 Bail jumping in the first degree. (a) The person commits the crime of bail jumping in the first degree if, having been lawfully released from custody, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of his having committed murder or any Class A or B felony, he fails to appear at the time and place. (b) It is a defense to prosecution under this section that the defendant's failure to appear was unintentional or was unavoidable and due to circumstances beyond his control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability and circumstances beyond his control, is on the defendant. (c) Bail jumping in the first degree is a Class C felony. (Acts 1977, No. 607, p. 812, §4620.)...
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13A-6-90.1
Section 13A-6-90.1 Stalking in the second degree. (a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree. (b) The crime of stalking in the second degree is a Class B misdemeanor. (Act 2012-380, p. 1004, §3.)...
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13A-11-36
Section 13A-11-36 Defenses to prosecutions under article. (a) A person does not commit a crime under this article if: (1) He was a peace officer engaged in the lawful performance of his duties; or (2) He was an officer, employee or agent of a communication common carrier who, while acting in the normal course of his employment, and while engaged in any activity which was a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication, intercepted, disclosed or used a communication transmitted through the facilities of that carrier; or (3) He relies in good faith on a lawful court order or legislative authorization. (b) The burden of injecting the issue under subsection (a) is on the defendant, but this does not shift the burden of proof. (Acts 1977, No. 607, p. 812, §5630.)...
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13A-4-2
Section 13A-4-2 Attempt. (a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense. (b) It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the defendant believed them to be. (c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of this criminal intent, he avoided the commission of the offense attempted by abandoning his criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof. (d) An attempt is a: (1) Class A...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, or a violation of a domestic violence protection order, may not be admitted to bail until after an appearance before a judge or magistrate within 24 hours of the arrest, and if the person is not taken before a judge or magistrate within 24 hours of the arrest, he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or...
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13A-11-9
Section 13A-11-9 Loitering. (a) A person commits the crime of loitering if he or she does any of the following: (1) Loiters, remains, or wanders about in a public place for the purpose of begging. (2) Loiters or remains in a public place for the purpose of gambling. (3) Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or sodomy. (4) Being masked, loiters, remains, or congregates in a public place. (5) Loiters or remains in or about a school, college, or university building or grounds after having been told to leave by any authorized official of the school, college, or university, not having any reason or relationship involving custody of or responsibility for a pupil or any other specific, legitimate reason for being there, and not having written permission from a school, college or university administrator. (6) Loiters or remains in any transportation facility, unless specifically authorized to do so, for the...
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13A-6-45
Section 13A-6-45 Interference with custody. (a) A person commits the crime of interference with custody if he knowingly takes or entices: (1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or (2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. "Committed person" means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another's custody by authority of law. (b) A person does not commit a crime under this section if 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) Interference with custody is a Class C felony. (Acts 1977, No. 607, p. 812, §2215; Acts 1983, No. 83-571, p. 877.)...
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13A-13-2
Section 13A-13-2 Adultery. (a) A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married. (b) A person does not commit a crime under this section if he reasonably believes that he and the other person are unmarried persons. The burden of injecting this issue is on the defendant, but this does not change the burden of proof. (c) Adultery is a Class B misdemeanor. (Acts 1977, No. 607, p. 812, §7005.)...
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