Code of Alabama

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15-25-39
Section 15-25-39 "A child physical offense, sexual offense, and exploitation" defined.
For purposes of this article, "a child physical offense, sexual offense, and exploitation"
is defined to include the following crimes, when one or more of the victims is a child under
12 years of age: (1) Rape in any degree. (2) Sodomy in any degree. (3) Sexual abuse in any
degree. (4) Sexual misconduct. (5) Enticing a child to enter a vehicle, room, house, office,
or other place, for immoral purposes. (6) Any crime involving the production of child pornography.
(7) Torture and willful abuse of a child under 18 years of age by responsible person as defined
in Section 26-15-3. (8) Sexual torture as defined in Section 13A-6-65.1. (9) Attempted murder.
(10) Assault first degree. (11) Assault second degree. (12) Assault third degree. (13) Harassment.
(Acts 1989, No. 89-876, p. 1754, §9; Acts 1994, No. 94-704, p. 1359, §1.)...
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12-15-301
is a relative of the child and has been providing care and support for the child while the
child has been residing in the home of the caregiver for at least the last six consecutive
months while in the legal custody of the Department of Human Resources or a designated official
for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm
to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental
physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation
or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined
in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of
child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has
been residing with the caregiver for at least the last six consecutive months while in the
legal custody of the Department of Human Resources. (7) FORENSIC...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the
willful deprivation by a caregiver or other person of services necessary to maintain mental
and physical health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or
older whose behavior indicates that he or she is mentally incapable of adequately caring for
himself or herself and his or her interests without serious consequences to himself or herself
or others, or who, because of physical or mental impairment, is unable to protect himself
or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others,
and who has no guardian, relative, or other appropriate person able, willing, and available
to assume the kind and degree of protection and supervision required under the circumstances.
(3) CAREGIVER. An individual who has the responsibility for the care of a protected...
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15-22-28
the minimum release date. (2) For prisoners convicted on or after March 21, 2001, of one or
more of the following Class A felonies, the initial parole consideration date shall be set
for a date once a prisoner has completed 85 percent of his or her total sentence or 15 years,
whichever is less. a. Rape in the first degree. b. Kidnapping in the first degree. c. Murder.
d. Attempted murder. e. Sodomy in the first degree. f. Sexual torture. g. Robbery in the first
degree with serious physical injury as defined in Section 13A-1-2. h. Burglary in the
first degree with serious physical injury as defined in Section 13A-1-2. i. Arson in
the first degree with serious physical injury as defined in Section 13A-1-2. (3) For
all other prisoners, the initial parole consideration date shall be set for a date following
completion of one-third of the prisoner's sentence or 10 years, whichever is less. (4) If
the prisoner is serving consecutive sentences, the initial parole consideration date may not...

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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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45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have the following
meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs, or physical
structure which shall provide the programs or custodial care for eligible persons released
from custody prior to the adjudication of their case or sentenced to participate in programs
developed pursuant to this part after having been adjudicated and sentenced. (2) BALDWIN COUNTY
COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised by either the
Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin County Pretrial
Release and Community Corrections Board for the deposit of all funds, from whatever source,
collected for the operation and supervision of the programs developed and operated pursuant
to this part. The agency superintending the Baldwin County Community Corrections Center shall
supervise and manage this account. Funds deposited into this...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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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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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the 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. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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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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