15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under this article: (1) Persons who, without this option, would be incarcerated in a correctional institution or who are currently incarcerated in a correctional institution. (2) Persons who are convicted of misdemeanors. (b) The following offenders are excluded from consideration for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision (14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching this determination, the court may consider prior convictions and other acts not resulting in conviction or criminal charges, and the offender's behavior while in state or county confinement. (c) The eligibility criteria established in this section shall be interpreted as guidelines for the benefit of the court in making a determination of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-175.htm - 7K - 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-105
Section 31-2A-105 (Article 105.) Misconduct as prisoner. Any person subject to this code who, while in the hands of the enemy in time of war, does either of the following shall be punished as a court-martial may direct: (1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners. (2) While in a position of authority over such persons maltreats them without justifiable cause. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-105.htm - 924 bytes - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-128.htm - 1K - 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
31-2A-103
Section 31-2A-103 (Article 103.) Captured or abandoned property. (a) All persons subject to this code shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. (b) Any person subject to this code who does any of the following shall be punished as a court-martial may direct: (1) Fails to carry out the duties prescribed in subsection (a). (2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself. (3) Engages in looting or pillaging. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-103.htm - 1K - Match Info - Similar pages
31-2A-90
Section 31-2A-90 (Article 90.) Assaulting or willfully disobeying superior commissioned officer. Any person subject to this code who does either of the following shall be punished as a court-martial may direct. (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office. (2) Willfully disobeys a lawful command of his or her superior commissioned officer. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-90.htm - 828 bytes - Match Info - Similar pages
31-2A-108
Section 31-2A-108 (Article 108.) Military property - Loss, damage, destruction, or wrongful disposition. Any person subject to this code who, without proper authority does any of the following regarding any military property of the United States or of any state, shall be punished as a court-martial may direct: (1) Sells or otherwise disposes of. (2) Willfully or through neglect damages, destroys, or loses. (3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-108.htm - 875 bytes - Match Info - Similar pages
13A-8-1
7-9A-102(a)(28), in respect of property in which the secured party has a security interest, as defined in Section 7-1-201(37). (10) PROPELLED VEHICLE. Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion. (11) PROPERTY. Any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing on, affixed to, or found in land and documents, although the rights represented hereby have no physical location), contract right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing of value of any kind. Commodities of a public utility nature, such as gas, electricity, steam, and water, constitute property, but the supplying of such a commodity to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-1.htm - 8K - Match Info - Similar pages
31-2A-48
Section 31-2A-48 (Article 48.) Contempt. A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. A person subject to this code may be punished for contempt by confinement not to exceed five days or a fine of one hundred dollars ($100), or both. A person not subject to this code may be punished for contempt by a military court in the same manner as a criminal court of the state. (Act 2012-334, p. 790, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-48.htm - 865 bytes - Match Info - Similar pages
|