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15-17-3
Section 15-17-3 Conviction where act may be committed by different intents, modes or means.
When the intent with which, the mode in or the means by which an act is done is essential
to the commission of the offense and such offense may be committed with different intents,
in different modes or by different means, if the jury is satisfied that the act was committed
with one of the intents, in one of the modes or by either of the means charged, it is sufficient;
and the jury must convict, although uncertain as to which of the intents charged existed,
in which mode or by which of the means charged such act was committed. (Code 1852, §644;
Code 1867, §4196; Code 1876, §4898; Code 1886, §4480; Code 1896, §5304; Code 1907, §6874;
Code 1923, §4020; Code 1940, T. 15, §313.)...
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15-16-24
Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty
or verdict of conviction. If it shall appear from the evidence that a defendant did the act
charged as constituting the offense, but at the time of committing the act he was insane,
the jury shall render a special verdict to the effect that the defendant is not guilty by
reason of insanity, but if the jury does not believe from the evidence that the defendant
committed the act or if it believes from the evidence that he is not guilty upon any ground
other than his alleged insanity, it must return a general verdict of not guilty; otherwise,
it must return a verdict of conviction. (Code 1896, §4940; Code 1907, §7177; Code 1923,
§4574; Code 1940, T. 15, §424.)...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic
violence in the first degree if the person commits the crime of assault in the first degree
pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary
in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation of affectionate or sexual
involvement by either party. (b) Domestic violence in the first degree is a Class A felony,
except that the defendant shall serve a minimum term of imprisonment of...
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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic
violence in the second degree if the person commits the crime of assault in the second degree
pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123;
the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in
the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation...
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44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition,
sentencing, upon completion of probation, or upon completion of a term of registration ordered
by the sentencing court, a sex offender may petition the court for relief from the requirements
of this chapter resulting from any of the following offenses, provided that he or she meets
the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by
subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as
provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the
second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual
misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any
other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1)...
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15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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13A-11-72
Commissioner-certified law enforcement officer employed by a law enforcement agency who is
specifically selected and specially trained for the school setting. (i) The term "public
school" as used in this section applies only to a school composed of grades K-12 and
shall include a school bus used for grades K-12. (j) The term "deadly weapon" as
used in this section means a firearm or anything manifestly designed, made, or adapted for
the purposes of inflicting death or serious physical injury, and such term includes,
but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device;
a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger;
or any club, baton, billy, black-jack, bludgeon, or metal knuckles. (k)(1) The term "convicted"
as used in this section requires that the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the case if required by law, and...
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