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38-10-11
Section 38-10-11 Construction of provisions of article. It is intended that new or additional
causes of action for the department are created by the provisions of this article. This article
shall be construed to create additional, alternative causes of action and shall in no way
affect or impair any other remedy, civil or criminal, provided in any other statute or available
under common law. The procedures, actions and remedies provided in this article shall in no
way be exclusive but shall be in addition to and not in substitution of other proceedings
available in the courts of this state or any other state or in any appropriate federal court.
It is intended that this article be construed and administered to the end that children shall
be maintained from the resources of the responsible parents. (Acts 1979, No. 79-819, p. 1528,
§10.)...
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6-5-346
Section 6-5-346 Defense of self, others, and property. (a) As used in this section, property
shall mean real property and buildings, structures, and improvements thereon. (b) Any person
who unlawfully enters or attempts to enter upon the property of another for the purposes of
engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any
injury caused or resulting to him or her due to the commission or effort to commit criminal
conduct; provided the property owner acts as a reasonably prudent person would act under same
or similar circumstances. The owner and his or her agents shall be immune from any civil liability
due to the reasonable and proportionate acts of the owner or his or her agents in resisting
the commission of the criminal conduct; provided that the person acts as a prudent person
would act under same or similar circumstances. (c) The provisions of this section do not apply
to the creation of a hidden hazardous or hidden dangerous condition...
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8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person
or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,
in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no
case shall the penalty against a person or entity for that violation exceed one hundred thousand
dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers
to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not
to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale,
provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand
dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to
any penalty prescribed by law, any corporation,...
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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of article,
rules, etc. Whenever it shall appear that any person is violating or threatening to violate
any provision of this article or any rule, regulation or order made under this article and
unless the board without litigation can effectively prevent further violation or threat of
violation, then the board, through the Attorney General, who may call to his assistance the
district attorney of the circuit in which civil action is instituted, shall bring in the name
of the State of Alabama against such person in the circuit court in the county of the residence
of the defendant or, if there is more than one defendant, in the circuit court of the county
of the residence of any of them or in the circuit court of the county in which such violation
is alleged to have occurred, a civil action to restrain such person from continuing such violation
or from carrying out the threat of violation. In such civil...
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13A-4-1
Section 13A-4-1 Criminal solicitation. (a) A person is guilty of criminal solicitation if,
with the intent that another person engage in conduct constituting a crime, he solicits, requests,
commands or importunes such other person to engage in such conduct. A person may not be convicted
of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited,
and there must be proof of circumstances corroborating both the solicitation and the defendant's
intent. (b) A person is not liable under this section if, under circumstances manifesting
a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited
of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities
or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.
The burden of injecting this issue is on the defendant, but this does not shift the burden
of proof. (c) A person is not liable under...
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13A-4-2
Section 13A-4-2 Attempt. (a) A person is guilty of an attempt to commit a crime if, with the
intent to commit a specific offense, he does any overt act towards the commission of such
offense. (b) It is no defense under this section that the offense charged to have been attempted
was, under the attendant circumstances, factually or legally impossible of commission, if
such offense could have been committed had the attendant circumstances been as the defendant
believed them to be. (c) A person is not liable under this section if, under circumstances
manifesting a voluntary and complete renunciation of this criminal intent, he avoided the
commission of the offense attempted by abandoning his criminal effort and, if mere abandonment
is insufficient to accomplish such avoidance, by taking further and affirmative steps which
prevented the commission thereof. The burden of injecting this issue is on the defendant,
but this does not shift the burden of proof. (d) An attempt is a: (1) Class A...
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13A-4-3
Section 13A-4-3 Criminal conspiracy generally. (a) A person is guilty of criminal conspiracy
if, with the intent that conduct constituting an offense be performed, he agrees with one
or more persons to engage in or cause the performance of such conduct, and any one or more
of such persons does an overt act to effect an objective of the agreement. (b) If a person
knows or should know that one with whom he agrees has in turn agreed or will agree with another
to effect the same criminal objective, he shall be deemed to have agreed with such other person,
whether or not he knows the other's identity. (c) A person is not liable under this section
if, under circumstances manifesting a voluntary and complete renunciation of his criminal
purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial
effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy.
Renunciation by one conspirator, however, does not affect the...
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15-13-204
Section 15-13-204 Alabama Professional Bail Bonding Board - Liability. (a) Pursuant to Section
36-1-12, the members and employees of the board are granted immunity from civil liability
and may not be liable for damages when acting in the performance of their duties under this
article. (b) Board members and employees shall be defended by the Attorney General in regard
to any criminal or civil litigation filed against them based on the performance of their official
duties under this article. (Act 2019-409, §5.)...
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37-14-40
Section 37-14-40 Repealer; actions taken pursuant to inconsistent provisions. Except as provided
in this section, all laws or parts of laws in conflict with the provisions of this article
are hereby repealed. In the event, as a result of a final adjudication in Dixie Electric Cooperative,
et al. vs. The Citizens of the State of Alabama, et al., Civil Action No. CV 84-V-891-N, it
is determined that Act No. 84-206 of the Alabama Legislature, Regular Session, was valid and
constitutional, such Act No. 84-206 shall remain in effect. The principles of this article
which are inconsistent with the provisions of Act No. 84-206 shall no longer be effective
with the following exceptions; (1) The agreement adopted as being in the public interest which
is listed in Item 11 of Section 37-14-36. (2) The agreement adopted as being in the public
interest which is listed in Item 12 of Section 37-14-36. (3) The agreement adopted as being
in the public interest which is listed as Item 13 of Section...
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40-17-351
Section 40-17-351 Civil penalties. (a) Any person who engages in any business activity for
which a license is required by this article without having first obtained and subsequently
retained a valid license shall be subject to the following civil penalties: (1) Ten thousand
dollars ($10,000) for the first violation. (2) For each subsequent violation, the amount is
to be multiplied by the sum of the current violation plus prior violations. (b) Civil penalties
prescribed under this section shall be assessed, collected, and paid in the same manner as
the motor fuel tax. (Act 2011-565, p. 1084, §32.)...
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