|
45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - Match Info - Similar pages
12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
13A-6-69
Section 13A-6-69 Enticing child to enter vehicle, house, etc., for immoral purposes. (a) It
shall be unlawful for any person with lascivious intent to entice, allure, persuade, or invite,
or attempt to entice, allure, persuade, or invite, any child under 16 years of age to enter
any vehicle, room, house, office, or other place for the purpose of proposing to such child
the performance of an act of sexual intercourse or an act which constitutes the offense of
sodomy or for the purpose of proposing the fondling or feeling of the sexual or genital parts
of such child or the breast of such child, or for the purpose of committing an aggravated
assault on such child, or for the purpose of proposing that such child fondle or feel the
sexual or genital parts of such person. (b) A violation of this section is a Class C felony.
(Acts 1967, No. 388, p. 976; Code 1975, §13-1-114; Act 2005-301, 1st Sp. Sess., §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-69.htm - 1K - Match Info - Similar pages
13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-49.htm - 3K - Match Info - Similar pages
31-13-20
Section 31-13-20 Stay of chapter when unauthorized alien is a victim or critical witness, etc.,
under certain conditions. If a person is an alien who is unlawfully present in the United
States and is a victim of a criminal act, is the child of a victim of a criminal act, is a
biological parent or legal guardian of a victim of a criminal act who is a minor, is a critical
witness in any prosecution, is the biological parent or legal guardian of a critical witness
in any prosecution who is a minor, or is the child of a critical witness in any prosecution
of a state or federal crime, all provisions of this chapter shall be stayed until all of the
related legal proceedings are concluded. However, the relevant state, county, or local law
enforcement agency shall comply with any request by federal immigration officers to take custody
of the person. (Act 2011-535, p. 888, §21; Act 2012-491, p. 1410, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-13-20.htm - 1K - Match Info - Similar pages
12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining
witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless the
context clearly indicates otherwise, the following words and phrases shall have the following
respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime
charged, the prosecution of which is subject to the provisions of this section. (2) CRIMINAL
SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct,
sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term
includes, but is not limited to, evidence of the complaining witness's marital history, mode
of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the
community standards. (b) In any prosecution for criminal sexual conduct or for assault with
intent to commit, attempt to commit or conspiracy to commit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-203.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-51.htm - 1K - Match Info - Similar pages
13A-6-124
Section 13A-6-124 Traveling to meet a child for an unlawful sex act. Any person who travels
either within this state, to this state, or from this state by any means, who attempts to
do so, or who knowingly causes another to do so or to attempt to do so for the purpose of
engaging in any unlawful sex act with a child, including sexual intercourse, sodomy, a sexual
performance, obscene sexual performance, or other sexual conduct for his or her benefit or
for the benefit of another shall be guilty of traveling to meet a child for an unlawful sex
act. Any person who violates this section commits a Class A felony. Notwithstanding any law
to the contrary, a conviction under this section shall be considered a criminal sex offense
under Section 15-20-21. (Act 2009-745, p. 2233, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-124.htm - 1K - Match Info - Similar pages
15-25-37
Section 15-25-37 Factors in considering trustworthiness of statement. In determining whether
a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b,
the court shall consider any one, but is not limited to, the following factors: (1) The child's
personal knowledge of the event; (2) The age and maturity of the child; (3) Certainty that
the statement was made, including the credibility of the person testifying about the statement;
(4) Any apparent motive the child may have to falsify or distort the event, including bias,
corruption, or coercion; (5) The timing of the child's statement; (6) Whether more than one
person heard the statement; (7) Whether the child was suffering from pain or distress when
making the statement; (8) The nature and duration of any alleged abuse; (9) Whether the child's
young age makes it unlikely that the child fabricated a statement that represents a graphic,
detailed account beyond the child's knowledge and experience;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-37.htm - 1K - Match Info - Similar pages
15-3-5
Section 15-3-5 Offenses having no limitation. (a) There is no limitation of time within which
a prosecution must be commenced for any of the following offenses: (1) Any capital offense.
(2) Any felony involving the use, attempted use, or threat of, violence to a person. (3) Any
felony involving serious physical injury or death of a person. (4) Any sex offense pursuant
to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether it involves
force, serious physical injury, or death. (5) Any felony involving arson of any type. (6)
Any felony involving forgery of any type. (7) Any felony involving counterfeiting. (8) Any
felony involving drug trafficking. (b) The amendments made by this act shall apply to both
of the following: (1) To all crimes committed after January 7, 1985. (2) To all crimes committed
before January 7, 1985, for which no statute of limitations provided under pre-existing law
has run as of January 7, 1985. (c) Nothing herein shall be construed to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-3-5.htm - 1K - Match Info - Similar pages
|