13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures, etc.;
notice of board action. (a) In all cases, except treason and impeachment and cases in which
sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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12-22-91
Section 12-22-91 Appeal when statute under which prosecution preferred held unconstitutional.
In all criminal cases when the act of the Legislature under which the indictment or information
is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf
of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal
cases, and the clerk must transmit, without delay, the record on appeal and the notice of
appeal to the Supreme Court. (Code 1886, §4515; Code 1896, §4315; Code 1907, §6246; Code
1923, §3239; Code 1940, T. 15, §370.)...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In all criminal
cases in the circuit court in which a capias or warrant of arrest has issued for two terms
and has been returned "not found," the district attorney may, by leave of the court,
withdraw and file the indictment, with leave to reinstate the same when the ends of justice
require such reinstatement. In all cases where a defendant is confined in one of the Alabama
state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney
may, by leave of the court, withdraw and file the indictment, with leave to reinstate the
same when the ends of justice require such reinstatement. (Code 1867, §4149; Code 1876, §4822;
Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T.
15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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15-9-82
Section 15-9-82 Right of prisoner to final disposition of untried indictments, etc., pending
against him; duty of official having custody of prisoners to inform prisoners of untried indictments,
etc.; failure to notify prisoners of filing of detainers. (a) Any person who is imprisoned
in a penal or correctional institution of this state may request final disposition of any
untried indictment, information or complaint pending against him in this state. The request
shall be in writing addressed to the court in which the indictment, information or complaint
is pending and to the district attorney charged with the duty of prosecuting it, and shall
set forth the place of imprisonment. (b) The warden or other like official having custody
of prisoners shall promptly inform each prisoner in writing of the source and nature of any
untried indictment, information or complaint against him of which the warden or other like
official had knowledge or notice, and of his right to make a request for...
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15-23-72
Section 15-23-72 Right to pre-sentence information. The prosecuting attorney shall provide
to the victim the date of a conviction, acquittal, or dismissal of the charges filed against
the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal
offense for which the defendant was convicted, acquitted, or the effect of a dismissal of
the charges filed against the defendant. (2) If the defendant is convicted, on request, the
victim shall be notified, if applicable, of the following: a. The existence and function of
the pre-sentence report. b. The name, address, and telephone number of the office of the Board
of Pardons and Paroles which is preparing the pre-sentence report. c. The right to make a
victim impact statement. d. The right of the defendant to view the pre-sentence report. e.
The right to be present and be heard at any sentencing proceeding. f. The time, place, and
date of the sentencing proceeding. g. If the court orders restitution, the...
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