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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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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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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-5-39
Section 13A-5-39 Definitions. As used in this article, these terms shall be defined as follows:
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death
or life imprisonment without parole, or in the case of a defendant who establishes that he
or she was under the age of 18 years at the time of the capital offense, life imprisonment,
or life imprisonment without parole, according to the provisions of this article. (2) DURING.
The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission
of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2)
and (3). (4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).
(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).
(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL...
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13A-5-2
Section 13A-5-2 Authorized dispositions. (a) Every person convicted of a felony shall be sentenced
by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10.
(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the
court to pay a fine authorized by Section 13A-5-11. (c) Every person convicted of a misdemeanor
or violation shall be sentenced by the court to: (1) Imprisonment for a term authorized by
Section 13A-5-7; or (2) Pay a fine authorized by Section 13A-5-12; or (3) Both such imprisonment
and fine. (d) Every person convicted of a felony, misdemeanor, or violation, except for the
commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed
on probation as authorized by law. (e) This article does not deprive a court of authority
conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license
or permit, remove a person from office, cite for contempt, or...
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14-9-41
Section 14-9-41 Computation of incentive time deductions. (a) Each prisoner who shall hereafter
be convicted of any offense against the laws of the State of Alabama and is confined, in execution
of the judgment or sentence upon any conviction, in the penitentiary or at hard labor for
the county or in any municipal jail for a definite or indeterminate term, other than for life,
whose record of conduct shows that he or she has faithfully observed the rules for a period
of time to be specified by this article may be entitled to earn a deduction from the term
of his or her sentence as follows: (1) Seventy-five days for each 30 days actually served
while the prisoner is classified as a Class I prisoner. (2) Forty days for each 30 days actually
served while the prisoner is a Class II prisoner. (3) Twenty days for each 30 days actually
served while the prisoner is a Class III prisoner. (4) No good time shall accrue during the
period the prisoner is classified as a Class IV prisoner. (b)...
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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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32-5A-178
Section 32-5A-178 Racing on highways; penalties. (a) It is a violation of this section for
any person to drive any vehicle on any public highway in any race, speed competition or contest,
drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration,
or for the purpose of making a speed record. (b) "Drag race" is defined as the operation
of two or more vehicles from a point side by side at accelerating speeds in a competitive
attempt to outdistance each other, or the operation of one or more vehicles over a common
selected course, from the same point to the same point, for the purpose of comparing the relative
speeds or power of acceleration of such vehicle or vehicles within a certain distance or time
limit. (c) "Racing" is defined as the use of one or more vehicles in an attempt
to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination
ahead of another vehicle or vehicles, or to test the physical stamina or...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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