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13A-8-117
Section 13A-8-117 Forfeiture of certain computers, software, etc. (a) On conviction of a violation
of this article or any other violation of the criminal laws of Alabama, the court shall order
that any computer, computer system, computer network, instrument of communication, software
or data that was owned or used by the defendant with the owner's knowledge of the unlawful
act or where the owner had reason to know of the unlawful act, and that was used in the commission
of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly
disposed. If the defendant is a minor, it also includes the above listed property of the parent
or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation
or forfeiture of such thing shall be the same as that provided by law for the confiscation
or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic
beverages are illegally transported. If the computer,...
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31-2A-83
Section 31-2A-83 (Article 83.) Fraudulent enlistment, appointment, or separation. Any person
who does either of the following shall be punished as a court-martial may direct: (1) Procures
his or her own enlistment or appointment in the state military forces by knowingly false representation
or deliberate concealment as to his or her qualifications for that enlistment or appointment
and receives pay or allowances thereunder. (2) Procures his or her own separation from the
Alabama National Guard by knowingly false representation or deliberate concealment as to his
or her eligibility for that separation. (Act 2012-334, §1.)...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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31-2A-130
Section 31-2A-130 (Article 130.) Housebreaking. Any person subject to this code who unlawfully
enters the building or structure of another with intent to commit a criminal offense therein
is guilty of housebreaking and shall be punished as a court-martial may direct. (Act 2012-334,
§1.)...
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12-17-226.2
A person charged with any of the following offenses may apply for the pretrial diversion program:
(1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving
forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the
district attorney may determine that a person charged with a misdemeanor offense or violation
is ineligible to apply for the program if it is in the best interest of the victim, the offender,
the community, or justice. (5) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial...
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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence
structure, including laws, policies, and practices, and to determine and recommend to the
Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and
other aspects of sentencing policies and practices appropriate for the state which: (1) Secure
the public safety of the state by providing a swift and sure response to the commission of
crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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12-25-9
Section 12-25-9 Duties. The commission shall have the following responsibilities: (1) To review
state sentencing structure, including laws, policies, and practices, and recommend changes
to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary
to accomplish the purposes and objectives of this article. (2) To review the overcrowding
problem in county jails, with particular emphasis on funding for the county jails and the
proper removal of state prisoners from county jails pursuant to state law and state and federal
court orders, and to make recommendations for resolution of these issues to the Governor,
Legislature, Attorney General, and Judicial System Study Commission before the 2002 Regular
Legislative Session. (3) To make recommendations to the Governor, Legislature, Attorney General,
and Judicial System Study Commission concerning the enactment of laws relating to criminal
offenses, sentencing, and correctional or probation matters. (4) To...
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31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The trial counsel
of a general or special court-martial shall prosecute in the name of the state, and, under
the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused
has the right to be represented in defense before a general or special court-martial or at
an investigation under Section 31-2A-32 (Article 32) as provided in this subsection. (2) The
accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following: a. By military counsel detailed
under Section 31-2A-27 (Article 27). b. By military counsel of the accused's own selection
if that counsel is reasonably available as determined under subdivision (7). (4) If the accused
is represented by civilian counsel, military counsel detailed or selected under subdivision
(3) shall act as associate counsel unless excused at the request of...
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15-14-51
Section 15-14-51 Legislative findings; purpose of article. (a) The Legislature hereby finds
and determines that it is essential to the fair and impartial administration of justice that
a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or
hearing or any portion thereof conducted by any court which in any way pertains to such offense.
(b) Further, the Legislature hereby finds and determines that it is essential to the fair
and impartial administration of justice that a victim of a criminal offense not be excluded
from any hearing or trial or any portion thereof conducted by any court which in any way pertains
to such offense, merely because the victim has been or may be subpoenaed to testify at such
hearing or trial or because of any arbitrary or invidious reason. (c) The provisions of this
article are to be construed so as to accomplish these purposes and to promote the same which
are hereby declared to be the public policy of this state. (Acts...
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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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