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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-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-7-7
Section 13A-7-7 Burglary in the third degree. (a) A person commits the crime of burglary in
the third degree if any of the following occur: (1) He or she knowingly enters or remains
unlawfully in a dwelling with the intent to commit a crime therein; (2) He or she knowingly
enters or remains unlawfully in an occupied building with the intent to commit a crime therein;
or (3) He or she knowingly enters or remains unlawfully in an unoccupied building with the
intent to commit a crime therein. (b) Burglary in the third degree is a Class C felony. (Acts
1977, No. 607, p. 812, §2612; Acts 1979, No. 79-471, p. 862, §1; Act 2015-185, §2.)...
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13A-6-43
Section 13A-6-43 Kidnapping in the first degree. (a) A person commits the crime of kidnapping
in the first degree if he abducts another person with intent to (1) Hold him for ransom or
reward; or (2) Use him as a shield or hostage; or (3) Accomplish or aid the commission of
any felony or flight therefrom; or (4) Inflict physical injury upon him, or to violate or
abuse him sexually; or (5) Terrorize him or a third person; or (6) Interfere with the performance
of any governmental or political function. (b) A person does not commit the crime of kidnapping
in the first degree if he voluntarily releases the victim alive, and not suffering from serious
physical injury, in a safe place prior to apprehension. The burden of injecting the issue
of voluntary safe release is on the defendant, but this does not shift the burden of proof.
This subsection does not apply to a prosecution for or preclude a conviction of kidnapping
in the second degree or any other crime. (c) Kidnapping in the first...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical
force upon another person in order to defend himself or herself or a third person from what
he or she reasonably believes to be the use or imminent use of unlawful physical force by
that other person, and he or she may use a degree of force which he or she reasonably believes
to be necessary for the purpose. A person may use deadly physical force, and is legally presumed
to be justified in using deadly physical force in self-defense or the defense of another person
pursuant to subdivision (5), if the person reasonably believes that another person is: (1)
Using or about to use unlawful deadly physical force. (2) Using or about to use physical force
against an occupant of a dwelling while committing or attempting to commit a burglary of such
dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first
or second degree, burglary in any degree, robbery in any...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic violence
in the third degree if the person commits the crime of assault in the third degree pursuant
to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section
13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime
of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications
pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third
degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third
degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree
pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
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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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