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15-25-31
Section 15-25-31 Out-of-court statement - When admissible. An out-of-court statement
made by a child under 12 years of age at the time the statement is made concerning an act
that is a material element of any crime involving child physical offense, sexual offense,
and exploitation, as defined in Section 15-25-39, which statement is not otherwise
admissible in evidence, is admissible in evidence in criminal proceedings, if the requirements
of Section 15-25-32 are met. (Acts 1989, No. 89-876, p. 1754, §2; Acts 1994, No. 94-704,
p. 1359, §1; Act 2016-354, §2.)...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a
hearing at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of
supervision to be accorded privilege against self-incrimination; admissibility in evidence
of extrajudicial statements of children and evidence illegally seized or obtained; double
jeopardy. (a) A child charged with a delinquent act or who is alleged to be in need of supervision
shall be accorded the rights and privileges afforded by the Constitution of the United States
and the Constitution of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally
inadmissible in a criminal proceeding may not be received in evidence over objection. Evidence
illegally seized or obtained may not be received in evidence over objection to establish the
allegations against the child. An extrajudicial admission or confession made by the child
out of court is insufficient to support a finding that the child committed the acts alleged
in the petition unless it is corroborated by other evidence. (c)...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a)
For the purposes of this section, sexually exploited child shall mean an individual
under the age of 18 years who is under the jurisdiction of the juvenile court and who has
been subjected to sexual exploitation because he or she is any of the following: (1) A victim
of the crime of human trafficking sexual servitude as provided in Section 13A-6-150,
et seq. (2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121.
(3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111,
13A-12-112, or 13A-12-113. (b) A sexually exploited child may not be adjudicated delinquent
or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121,
or any municipal ordinance prohibiting such acts. (c) In any proceeding based upon a child's
arrest for an act of prostitution, there is a presumption that the child satisfies the definition
of a sexually...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Use of closed circuit equipment; competence of victim as witness. (a)
In those criminal prosecutions set out in Section 15-25-1, the court, on motion of
the state or the defendant prior to the trial of the case, may order that the testimony of
any alleged victim of the crime or witness thereto who is under the age of 16 at the time
of the order shall be viewed and heard at trial by the court and the finder of fact by closed
circuit equipment. In ruling on the motion the court shall take into consideration those matters
set out in Section 15-25-2. (b) If the court orders that the victim's or witness's
testimony in court shall be by closed circuit equipment, the testimony shall be taken outside
the courtroom in the judge's chambers or in another suitable location designated by the judge.
(c) Examination and cross-examination of the alleged child victim or witness shall proceed
as...
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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;...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the
indictment, information, complaint or warrant charging the offense may include a specification
of sexual motivation or the prosecuting attorney may file an allegation of sexual motivation
in any criminal case classified as a felony or Class A misdemeanor if sufficient admissible
evidence exists that would justify a finding of sexual motivation by a reasonable and objective
finder of fact. (2) If a specification is included in the indictment, count in the indictment,
information, complaint, or warrant charging the offense the specification shall be stated
at the end of the body of the indictment, count in the indictment, information, complaint,
or warrant and shall be in substantially the following form: "SPECIFICATION or SPECIFICATION
TO THE FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify
that the offender committed the offense with a sexual motivation." (3) If the...
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31-2A-31
Section 31-2A-31 (Article 31.) Compulsory self-incrimination prohibited. (a) No person
subject to this code may compel any person to incriminate himself or herself or to answer
any question the answer to which may tend to incriminate him or her. (b) No person subject
to this code may interrogate or request any statement from an accused or a person suspected
of an offense without first informing that person of the nature of the accusation and advising
that person that he or she does not have to make any statement regarding the offense of which
the person is accused or suspected and that any statement made by the person may be used as
evidence against the person in a trial by court-martial. (c) No person subject to this code
may compel any person to make a statement or produce evidence before any military court if
the statement or evidence is not material to the issue and may tend to degrade the person.
(d) No statement obtained from any person in violation of this article or through the...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a
hearing on a delinquency petition on its merits and after notifying, verbally or in writing,
the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer
a child for criminal prosecution to the circuit or district court, if the child was 14 or
more years of age at the time of the conduct charged and is alleged to have committed an act
which would constitute a criminal offense as defined by this code if committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining
whether it is in the best interests of the child or the public to grant the motion. Only if
there are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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