|
15-20A-19
Section 15-20A-19 Adult sex offender - Sexually violent predator. (a) The state, upon conviction
and prior to sentencing, may petition the sentencing court to enter an order declaring a person
convicted in this state of a sexually violent or predatory offense as a sexually violent predator.
(b) At sentencing, a court may declare a person to be a sexually violent predator. For the
purposes of this section, a person is a sexually violent predator if either of the following
applies: (1) The person is a repeat sexually violent offender. (2) The person commits a sexually
violent offense and is likely to engage in one or more sexually violent offenses in the future.
(c) A person is a repeat sexually violent offender for the purposes of this section if the
person is convicted of more than one sexually violent offense. (d) For the purposes of this
section, a sexually violent offense is any of the following: (1) A sex offense committed by
forcible compulsion, violence, duress, menace, fear of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-19.htm - 4K - Match Info - Similar pages
13A-6-70
Section 13A-6-70 Lack of consent. (a) Unless otherwise stated, an element of every offense
defined in this article is that the sexual act was committed without the consent of the victim.
(b) Lack of consent results from either of the following: (1) Forcible compulsion. (2) Being
incapable of consent. (c) A person is deemed incapable of consent if he or she is either:
(1) Less than 16 years old. (2) Incapacitated. (d) Consent to engage in sexual intercourse,
sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence
of a current or previous marital, dating, social, or sexual relationship with the defendant
is not sufficient to constitute consent. Evidence that the victim suggested, requested, or
otherwise communicated to the defendant that the defendant use a condom or other birth control
device or sexually transmitted disease protection, without additional evidence of consent,
is not sufficient to constitute consent. (Acts 1977, No. 607, p. 812,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-70.htm - 1K - Match Info - Similar pages
15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-23-60.htm - 4K - Match Info - Similar pages
15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any 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 decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-144.htm - 2K - Match Info - Similar pages
13A-6-1
Section 13A-6-1 Definitions. (a) As used in Article 1 and Article 2, the following terms shall
have the meanings ascribed to them by this section: (1) CRIMINAL HOMICIDE. Murder, manslaughter,
or criminally negligent homicide. (2) HOMICIDE. A person commits criminal homicide if he intentionally,
knowingly, recklessly or with criminal negligence causes the death of another person. (3)
PERSON. The term, when referring to the victim of a criminal homicide or assault, means a
human being, including an unborn child in utero at any stage of development, regardless of
viability. (b) Article 1 or Article 2 shall not apply to the death or injury to an unborn
child alleged to be caused by medication or medical care or treatment provided to a pregnant
woman when performed by a physician or other licensed health care provider. Mistake, or unintentional
error on the part of a licensed physician or other licensed health care provider or his or
her employee or agent or any person acting on behalf of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-1.htm - 2K - Match Info - Similar pages
13A-6-151
Section 13A-6-151 Definitions. As used in this article, the following terms shall have the
following, or any combination of the following, meanings ascribed to them by this section:
(1) COERCION. Any of the following: a. Causing or threatening to cause physical injury or
mental suffering to any person, physically restraining or confining any person, or threatening
to physically restrain or confine any person or otherwise causing the person performing or
providing labor or services to believe that the person or another person will suffer physical
injury or mental suffering. b. Implementing any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would result in physical injury, mental
suffering, or physical restraint of any person. c. Destroying, concealing, removing, confiscating,
or withholding from the person or another person, or threatening to destroy, conceal, remove,
confiscate, or withhold from the person or another person, the person's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-151.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-130.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-131.htm - 2K - Match Info - Similar pages
30-5B-5
Section 30-5B-5 Registration of order. (a) Any individual may register a foreign protection
order in this state. To register a foreign protection order, an individual shall present a
certified copy of the order to any circuit or district court clerk in the state and complete
an affidavit as provided in subsection (d). (b) The court clerk shall enter, as expeditiously
as possible, all necessary information into the State Judicial Information System which shall
be electronically transmitted by the Administrative Office of Courts to the Alabama Criminal
Justice Information System. After the order is registered, a copy of the order stamped filed
by the court clerk shall be provided by the clerk's office to the person registering the order.
(c) The Criminal Justice Information Center, as Alabama's central registry of protection orders,
shall enter, as expeditiously as possible, an order upon electronic submission from the State
Judicial Information System of information concerning a valid...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5B-5.htm - 2K - Match Info - Similar pages
45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-83.41.htm - 6K - Match Info - Similar pages
|