31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-2.htm - 1K - Match Info - Similar pages

31-2A-78
Section 31-2A-78 (Article 78.) Accessory after the fact. Any person subject to this code who,
knowing that an offense punishable by this code has been committed, receives, comforts, or
assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment
shall be punished as a court-martial may direct. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-78.htm - 658 bytes - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-98.htm - 816 bytes - Match Info - Similar pages

31-2A-47
Section 31-2A-47 (Article 47.) Refusal to appear or testify. (a) Any person not subject to
this code who does all of the following may be punished by the military court in the same
manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness
or to produce books and records before a court-martial or court of inquiry, or before any
military or civil officer designated to take a deposition to be read in evidence before such
a court. (2) Has been duly paid or tendered the fees and mileage of a witness at the rates
allowed to witnesses attending a criminal court of the state. (3) Willfully neglects or refuses
to appear, or refuses to qualify as a witness or to testify or to produce any evidence which
that person may have been legally subpoenaed to produce. (b) The fees and mileage of witnesses
shall be advanced or paid out of the appropriations for the compensation of witnesses. (c)
At the request of the military judge or the convening authority and upon...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-47.htm - 1K - Match Info - Similar pages

13A-5-39
Section 13A-5-39 Definitions. As used in this article, these terms shall be defined as follows:
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death
or life imprisonment without parole, or in the case of a defendant who establishes that he
or she was under the age of 18 years at the time of the capital offense, life imprisonment,
or life imprisonment without parole, according to the provisions of this article. (2) DURING.
The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission
of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2)
and (3). (4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).
(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).
(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-39.htm - 1K - Match Info - Similar pages

11-47-240
Section 11-47-240 Definitions. When used in this article, unless the context plainly indicates
otherwise, the following words and terms shall have the following meanings ascribed to them:
(1) THE CITY. A city subject to this article. (2) GOVERNING BODY. The body in which the general
legislative power of the city is vested. (3) PARKING FACILITY. Any building, structure, land,
right-of-way, equipment, or facility used or useful in connection with the construction, enlargement,
development, maintenance, or operation of any area or building for off-street parking of motor
vehicles. (Acts 1977, No. 300, p. 401, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-240.htm - 956 bytes - Match Info - Similar pages

13A-8-31.2
Section 13A-8-31.2 Registration and reporting requirements. (a) All secondary metals recyclers
subject to this article shall register with the Alabama Criminal Justice Information Center
(ACJIC) by August 31, 2012, and shall pay an annual registration fee of two hundred fifty
dollars ($250) to ACJIC. In the event the electronic reporting system is not fully implemented
by August 1, 2012, the record maintenance and reporting requirements of the current law shall
remain in full force and effect until such time as the ACJIC electronic reporting system is
fully implemented. The registration shall include the name of the business, address of the
business, telephone number, and the name of the owner or owners of the business. (b)(1) Prior
to January 1, 2013, secondary metals recyclers shall continue to abide by any reporting requirements
currently in effect and followed by the recyclers. (2) Effective January 1, 2013, secondary
metals recyclers shall enter the information required by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-31.2.htm - 2K - Match Info - Similar pages

13A-8-51
Section 13A-8-51 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PHARMACY. Any building, warehouse, physician's office, hospital, pharmaceutical house
or other structure used in whole or in part for the sale, storage and/or dispensing of any
controlled substance as defined in Section 20-2-2 as amended. (2) PHARMACY ROBBERY. A person
commits the offense of "pharmacy robbery" under this article if in the course of
committing a theft of any controlled substance as defined in Section 20-2-2 such person violates
Section 13A-8-41. (Acts 1982, No. 82-434, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-51.htm - 1011 bytes - Match Info - Similar pages

15-5-62
proceeds includes any property derived directly or indirectly from an offense. The term includes,
but is not limited to, money or any other means of exchange. The term is not limited to the
net gain or profit realized from the offense. b. In cases involving lawful goods or services
that are sold or provided in an unlawful manner, proceeds are the amount of money or other
means of exchange acquired through the illegal transaction resulting in the forfeiture, less
the direct costs lawfully incurred in providing the goods or services. The lawful costs deduction
does not include any part of the overhead expenses of, or taxes paid by, the entity providing
the goods or services. The alleged offender or delinquent has the burden to prove that any
costs are lawfully incurred. (8) PROPERTY. Any real or personal property and any benefit,
privilege, claim, position, interest in an enterprise, or right derived, directly or indirectly,
from the criminal offense. (Act 2014-306, p. 1103, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-62.htm - 3K - Match Info - Similar pages

31-2A-80
Section 31-2A-80 (Article 80.) Attempts. (a) An act, done with specific intent to commit an
offense under this code, amounting to more than mere preparation and tending, even though
failing, to effect its commission, is an attempt to commit that offense. (b) Any person subject
to this code who attempts to commit any offense punishable by this code shall be punished
as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject
to this code may be convicted of an attempt to commit an offense although it appears on the
trial that the offense was consummated. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-80.htm - 943 bytes - Match Info - Similar pages