31-2A-115
Section 31-2A-115 (Article 115.) Malingering. Any person subject to this code who for the purpose of avoiding work, duty, or service does either of the following shall be punished as a court-martial may direct: (1) Feigns illness, physical disablement, mental lapse, or derangement. (2) Intentionally inflicts self-injury. (Act 2012-334, §1.)...
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31-2A-128
Section 31-2A-128 (Article 128.) Assault. (a) Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who does either of the following is guilty of aggravated assault and shall be punished as a court-martial may direct: (1) Commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm. (2) Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon. (Act 2012-334, §1.)...
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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,...
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13A-6-138
Section 13A-6-138 Domestic violence by strangulation or suffocation. (a) For the purposes of this section, the following terms have the following meanings: (1) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck. (2) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation. (b) A person commits the crime of domestic violence by strangulation or suffocation if he or she commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child...
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13A-6-40
Section 13A-6-40 Definitions. The following definitions apply in this article: (1) RESTRAIN. To intentionally or knowingly restrict a person's movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved. Restraint is "without consent" if it is accomplished by: a. Physical force, intimidation or deception, or b. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement. (2) ABDUCT. To restrain a person with intent to prevent his liberation by either: a. Secreting or holding him in a place where he is not likely to be found, or b. Using or threatening to use deadly physical force. (3) RELATIVE. A parent or...
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13A-6-193
Section 13A-6-193 Elder abuse and neglect - Second degree. (a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following: (1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person. (2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person. (3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court. (b) Elder abuse and neglect in the second degree is a Class B felony. (Act 2013-307, §4; §38-9E-4; renumbered by Act 2014-346, p. 1289, §1(b)(7).)...
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31-2A-98
Section 31-2A-98 (Article 98.) Noncompliance with procedural rules. Any person subject to this code who does either of the following shall be punished as a court-martial may direct: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code. (2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused. (Act 2012-334, §1.)...
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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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13A-5-13
origin, ethnicity, or physical or mental disability, to be secure and protected from threats of reasonable fear, intimidation, harassment, and physical harm caused by activities of groups and individuals. (2) It is not the intent, by enactment of this section, to interfere with the exercise of rights protected by the Constitution of the State of Alabama or the United States. (3) The intentional advocacy of unlawful acts by groups or individuals against other persons or groups and bodily injury or death to persons is not constitutionally protected when violence or civil disorder is imminent, and poses a threat to public order and safety, and such conduct should be subjected to criminal sanctions. (b) The purpose of this section is to impose additional penalties where it is shown that a perpetrator committing the underlying offense was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability. (c) A person who...
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13A-6-21
Section 13A-6-21 Assault in the second degree. (a) A person commits the crime of assault in the second degree if the person does any of the following: (1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person. (2) With intent to cause physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon or a dangerous instrument. (3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (4) With intent to prevent a peace officer, as defined in Section 36-21-60, a detention or correctional officer at any municipal or county jail or state penitentiary, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty, he or she intends to cause physical injury and he or she causes physical injury to any person. For the purpose of this subdivision, a person who is a peace officer who is...
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