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13A-12-124
Section 13A-12-124 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) As used in this section,
the term minor victim means a person who committed, or was solicited to commit, an act of
prostitution while the person was a minor. (b) Evidence of any of the following facts or conditions
does not constitute a defense in a prosecution under Section 13A-12-121.1, nor shall the evidence
preclude a finding of a violation: (1) A minor victim's sexual history or history of commercial
sexual activity. (2) A minor victim's connection by blood or marriage to a defendant in the
case or to anyone involved in the minor victim's prostitution. (3) Consent of or permission
by a minor victim or anyone else on the minor victim's behalf to any commercial sex act or
sexually explicit performance. (4) Age of consent to engage in sexual activity. (5) Mistake
as to the minor victim's age, even if the mistake is...
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13A-6-159
Section 13A-6-159 Affirmative defense. In a prosecution for prostitution, or a sexually explicit
performance defined in this article, of a human trafficking victim for the victim's illegal
acts engaged in or performed as a result of labor servitude or sexual servitude, it shall
be an affirmative defense that the person was a victim of human trafficking. (Act 2010-705,
p. 1708, ยง10.)...
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13A-6-152
Section 13A-6-152 Human trafficking in the first degree. (a) A person commits the crime of
human trafficking in the first degree if: (1) He or she knowingly subjects another person
to labor servitude or sexual servitude. (2) He or she knowingly obtains, recruits, entices,
solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or
maintains any minor for the purpose of causing a minor to engage in sexual servitude. (3)
He or she knowingly gives monetary consideration or any other thing of value to engage in
any sexual conduct with a minor or an individual he or she believes to be a minor. (b) For
purposes of this section, it is not required that the defendant have knowledge of a minor
victim's age, nor is reasonable mistake of age a defense to liability under this section.
(c) A corporation, or any other legal entity other than an individual, may be prosecuted for
human trafficking in the first degree for an act or omission only if an agent of the...
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15-1-2
Section 15-1-2 Limits on interviews of victims of sexual abuse or exploitation under 12 years
of age; confidentiality of court records of victims under 18 years of age. (a) The presiding
judge of a judicial circuit, after consultation with the district attorney for the judicial
circuit may provide for reasonable limits on the number of interviews a victim of sexual abuse
or exploitation, who is under 12 years of age, must submit to for law enforcement or other
purposes. The judge shall, to the extent possible, protect the victim from the psychological
damage of repeated interrogation while preserving the rights of the public, the victim, and
the person charged with the violation. (b) The court records of a child under the age of 18
years who is a victim of sexual abuse or exploitation shall not be open to the public, but
shall be kept in the same manner as juvenile offender records are kept. (Acts 1985, No. 85-742,
p. 1192.)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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13A-6-43
Section 13A-6-43 Kidnapping in the first degree. (a) A person commits the crime of kidnapping
in the first degree if he abducts another person with intent to (1) Hold him for ransom or
reward; or (2) Use him as a shield or hostage; or (3) Accomplish or aid the commission of
any felony or flight therefrom; or (4) Inflict physical injury upon him, or to violate or
abuse him sexually; or (5) Terrorize him or a third person; or (6) Interfere with the performance
of any governmental or political function. (b) A person does not commit the crime of kidnapping
in the first degree if he voluntarily releases the victim alive, and not suffering from serious
physical injury, in a safe place prior to apprehension. The burden of injecting the issue
of voluntary safe release is on the defendant, but this does not shift the burden of proof.
This subsection does not apply to a prosecution for or preclude a conviction of kidnapping
in the second degree or any other crime. (c) Kidnapping in the first...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State Law Enforcement
Agency shall implement a system of active and passive electronic monitoring that identifies
the location of a monitored person and that can produce upon request reports or records of
the person's presence near or within a crime scene or prohibited area, the person's departure
from specified geographic limitations, or curfew violations by the offender. The Director
of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement
and administer this system of active electronic monitoring including establishing policies
and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
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30-3B-111
Section 30-3B-111 Taking testimony in another state. (a) In addition to other procedures available
to a party, a party to a child custody proceeding may offer testimony of witnesses who are
located in another state, including testimony of the parties and the child, by deposition
or other means allowable in this state for testimony taken in another state. The court on
its own motion may order that the testimony of a person be taken in another state and may
prescribe the manner in which and the terms upon which the testimony is taken. (b) A court
of this state may permit an individual residing in another state to be deposed or to testify
by telephone, audiovisual means, or other electronic means before a designated court or at
another location in that state. A court of this state shall cooperate with courts of other
states in designating an appropriate location for the deposition or testimony. (c) Documentary
evidence transmitted from another state to a court of this state by...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
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