15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex offender
required to register under this chapter may petition the court for relief from the residency
restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender
is terminally ill or permanently immobile, or the sex offender has a debilitating medical
condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed in
the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex offender
may petition at sentencing, or if after sentencing, a sex offender may file a petition in
the civil division of the circuit court in the county where the sex offender seeks to accept
or maintain employment for relief from the employment restrictions pursuant to subsection
(b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following
sex offenses shall not be entitled to relief under this section: (1) Rape in the first degree,
as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided by Section 13A-6-63.
(3) Sexual abuse in the first degree, as provided by Section 13A-6-66. (4) Sex abuse of a
child less than 12 years old, as provided by Section 13A-6-69.1. (5) Sexual torture, as provided
by Section 13A-6-65.1. (6) Any sex offense involving a child. (7) Any solicitation, attempt,
or conspiracy to commit any of the offenses listed in subdivisions (1)...
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15-20A-34
successfully completed a treatment program approved by the Department of Youth Services. (3)
Recommendations from the prosecuting attorney. (4) Any written or oral testimony submitted
by the victim or the parent, custodian, or guardian of the victim. (5) The facts and circumstances
surrounding the offense including, but not limited to, the age and number of victims, whether
the act was premeditated, and whether the offense involved the use of a weapon, violence,
or infliction of serious bodily injury. (6) Any criminal behavior of the juvenile sex
offender before and after the adjudication of delinquency that requires reporting. (7) The
stability of the juvenile sex offender in employment and housing and his or her community
and personal support system. (8) The protection of society. (9) Any other factors deemed
relevant by the court. (h) If the court is satisfied by clear and convincing evidence that
the juvenile sex offender is rehabilitated and does not pose a threat to the safety...
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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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15-20A-28
Section 15-20A-28 Juvenile sex offender - Lifetime registration and notification. (a) A juvenile
adjudicated delinquent of any of the following sex offenses, who was 14 or older at the time
of the offense, shall be subject to registration and notification, if applicable, for life:
(1) Rape in the first degree, as provided by Section 13A-6-61. (2) Sodomy in the first degree,
as provided by Section 13A-6-63. (3) Sexual abuse in the first degree, as provided by Section
13A-6-66. (4) Sexual torture, as provided by Section 13A-6-65.1. (5) Any offense committed
in 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) to (4), inclusive. (6) Any
offense, committed in this state or any other jurisdiction, comparable to or more severe than
aggravated sexual abuse as described in 18 U.S.C. § 2241(a) or (b). (7) Any attempt or conspiracy
to commit any of the offenses listed in subdivisions (1)...
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15-20A-16
Section 15-20A-16 Adult sex offender - Contact with former victims. (a) No adult sex offender
shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic
means, any former victim. (b) No adult sex offender shall knowingly come within 100 feet of
a former victim. (c) No sex offender shall make any harassing communication, directly or indirectly,
in person or through others, by phone, mail, or electronic means to the victim or any immediate
family member of the victim. (d) A petition to exclude an adult sex offender from the requirements
of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance
with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall
exclude an adult sex offender from the provisions of this section provided that: (1) The victim
appears in court at the time of the hearing and requests the exemption in writing in open
court. (2) The court finds by clear and...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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15-20A-46
Section 15-20A-46 Disposition of funds. (a) The two hundred dollar ($200) filing fee paid by
a sex offender who petitions the court for relief pursuant to Sections 15-20A-16, 15-20A-23,
15-20A-24, 15-20A-25, or 15-20A-34 shall be distributed as follows: (1) Fifty dollars ($50)
to the Circuit Clerk's Restitution Recovery Fund. (2) Fifty dollars ($50) to the sheriff of
the county subject to the following: a. Any and all monies collected under this subdivision
shall be deposited in the county general fund earmarked for use by the sheriff and shall be
paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff
for any law enforcement purpose related to sex offender registration, notification, tracking,
or apprehension. b. The monies provided in this subdivision and the use of the funds shall
in no way diminish or take the place of any other reimbursement or other source of income
established for the sheriff or the operation of his or her office. (3) Fifty...
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30-5-3
Section 30-5-3 Jurisdiction; request for protection order; venue; other actions; residency.
(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.
(b) A protection order may be requested in any pending civil or domestic relations action,
as an independent civil action, or in conjunction with the preliminary, final, or post-judgment
relief in a civil action. (c) A petition for a protection order may be filed in any of the
following locations: (1) Where the plaintiff or defendant resides. (2) Where the plaintiff
is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred. (4) Where a civil matter is pending before the court in which
the plaintiff and the defendant are opposing parties. (d) When custody, visitation, or support,
or a combination of them, of a child or children has been established in a previous court
order in this state, or an action containing any of the issues above is...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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