15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes any
of the following offenses: (1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated
delinquent of a violation of rape in the second degree is presumed to be exempt from this
chapter after the juvenile has been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court makes a determination that the
juvenile sex offender is to be subject to this chapter. (3) Sodomy in the first degree, as
provided by Section 13A-6-63. (4) Sodomy in the second degree, as provided by Section 13A-6-64.
A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree
is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers
of the conduct for which he or she was adjudicated delinquent unless...
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15-23-63
Section 15-23-63 Prosecuting attorney required to notify victim of charges and proceedings;
request for notice. (a) Upon written request of the victim, the prosecuting attorney shall
notify the victim of all charges filed against the defendant, criminal proceedings, except
initial appearances, as soon as practicable, including any changes that may occur. (b) The
victim shall provide to and maintain with the office of the prosecuting attorney a request
for notice on a form provided by the agency. The form shall include the telephone number and
address of the victim. If the victim fails to keep this information current, his or her request
for notice shall be considered withdrawn and void. Except as otherwise provided, all notices
provided to a victim pursuant to this article shall be on forms developed and produced for
the appropriate government agency or office. (Acts 1995, No. 95-583, p. 1234, §4.)...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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15-23-80
Section 15-23-80 Facility with custody of defendant to send victim release opinion. Upon written
request of the victim, the Alabama Department of Mental Health and Mental Retardation, or
other facility with custody of the criminal defendant, shall send the victim a copy to the
address stated in the request, of its release opinion which was provided to the appropriate
court pursuant to Section 15-16-63 et seq. (Acts 1995, No. 95-583, p. 1234, §21.)...
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13A-5-51
Section 13A-5-51 Mitigating circumstances - Generally. Mitigating circumstances shall include,
but not be limited to. the following: (1) The defendant has no significant history of prior
criminal activity; (2) The capital offense was committed while the defendant was under the
influence of extreme mental or emotional disturbance; (3) The victim was a participant in
the defendant's conduct or consented to it; (4) The defendant was an accomplice in the capital
offense committed by another person and his participation was relatively minor; (5) The defendant
acted under extreme duress or under the substantial domination of another person; (6) The
capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct
to the requirements of law was substantially impaired; and (7) The age of the defendant at
the time of the crime. (Acts 1981, No. 81-178, §13.)...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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15-18-142
Section 15-18-142 Definitions. Unless the context clearly requires otherwise or unless different
meanings are expressly specified in subsequent provisions of this article, wherever used in
this article, in the singular or plural case, the following terms shall mean: (1) PERSON.
a. A human being. b. A public or private corporation, an unincorporated association, a partnership,
or other entity established by law. c. A government or governmental instrumentality, including,
but not limited to the State of Alabama or any political subdivision thereof. (2) RESTITUTION.
An amount of money ordered by a court to be paid to a clerk or other person by a defendant
for the use and benefit of a victim of the defendant's criminal offense. (3) DEFENDANT. A
person, as defined, who has been ordered by a court to pay restitution. (4) CRIMINAL OFFENSE.
Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine
is provided by any law of this state or by any law, local law,...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
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15-23-71
Section 15-23-71 Plea agreement. The victim has the right to be present at any proceeding at
which a negotiated plea for the person accused of committing the criminal offense against
the victim will be presented to the court. The court shall not accept a plea agreement unless:
(1) The prosecuting attorney advises the court that, before requesting the negotiated plea,
reasonable efforts were made to confer with the victim. (2) Reasonable efforts are made to
give the victim notice of the plea proceeding, including the offense to which the defendant
will plead guilty, the date that the plea will be presented to the court, the terms of any
sentence agreed to as part of the negotiated plea, and that the victim has the right to be
present. (3) The prosecuting attorney advises the court that, to the best of his or her knowledge,
the notice requirements of this article have been met. (Acts 1995, No. 95-583, p. 1234, §12.)...

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15-14-54
Section 15-14-54 Victim may not be excluded from courtroom; removal generally. A victim of
a criminal offense shall not be excluded from court or counsel table during the trial or hearing
or any portion thereof conducted by any court which in any way pertains to such offense, provided,
however, a judge may remove a victim from the trial or hearing or any portion thereof for
the same causes and in same manner as the rules of court or law provides for the exclusion
or removal of the defendant. (Acts 1983, No. 83-622, p. 971, §5.)...
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