13A-11-32.1
Section 13A-11-32.1 Aggravated criminal surveillance. (a) A person commits the crime of aggravated criminal surveillance if he or she intentionally engages in surveillance of an individual in any place where the individual being observed has a reasonable expectation of privacy, without the prior express or implied consent of the individual being observed, for the purpose of sexual gratification. (b) Aggravated criminal surveillance is a Class C felony. (c) The statute of limitations begins at the time of discovery of the surveillance. (Act 2012-230, p. 423, §1; Act 2019-465, §1.)...
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13A-7-25
Section 13A-7-25 Criminal tampering in the first degree. (a) A person commits the crime of criminal tampering in the first degree if the person does any of the following: (1) Having no right to do so or any reasonable ground to believe that he or she has such a right, intentionally causes substantial interruption or impairment of a service rendered to the public by a utility. (2) Threatens an individual with a deadly weapon or dangerous instrument with the intent to obstruct the operation of a utility. This subdivision only applies if the individual is working under the procedures and within the scope of his or her duties as an employee of the utility and has properly identified himself or herself when asked by stating his or her name, employer, and purpose of work. (b) Criminal tampering in the first degree is a Class C felony. (Acts 1977, No. 607, p. 812, §2711; Act 2013-74, p. 155,§1.)...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks on subsequent activity. (a) Every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency required to obtain a criminal history background information check pursuant to this chapter shall obtain, prior to or upon the date of employment, or issuance of a license or approval or renewal thereof, and maintain in the agency or personnel file, a request with written consent for the criminal history background information check and a statement signed by the applicant, volunteer, or employee indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The statement shall include a notice and questionnaire the same as or similar to the following: (1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history background information check be conducted on all persons who hold a...
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30-5-2
Section 30-5-2 Definitions. In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) ABUSE. An act committed against a victim, which is any of the following: a. Arson. Arson as defined under Sections 13A-7-40 to 13A-7-43, inclusive. b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive. c. Attempt. Attempt as defined under Section 13A-4-2. d. Child Abuse. Torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act. e. Criminal Coercion. Criminal coercion as defined under Section 13A-6-25. f. Criminal Trespass. Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive. g. Harassment. Harassment as defined under Section 13A-11-8. h. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44. i. Menacing. Menacing as defined...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this article. (b) The fact that a merchant may bring a civil action against an individual as provided in this article shall not limit the right of the merchant to demand, in writing as set out in subsection (c) below, that a person who is liable for damages and penalties under this article remit the damages and penalties prior to the consideration of the commencement of any legal action. (c) The demand letter must be prepared and include the following: On (insert date), you were apprehended for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant). Under Alabama statute, a retailer/merchant is granted a civil cause of...
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38-9C-5
Section 38-9C-5 Providers who contract with agencies or programs required to develop written policies to ensure rights. All providers who contract or subcontract with any federal, state, or local agency or program to provide services in the State of Alabama to persons with developmental disabilities or traumatic brain injury in Alabama shall develop and implement written policies and procedures to ensure the rights enumerated above are observed by the provider in discharging its contractual or subcontractual duties and responsibilities. At a minimum, these policies and procedures shall provide for the following: (1) Affirm and safeguard the rights stated in this chapter. (2) Provide that prompt, reasonable action be taken to prevent the potential for further abuse while an investigation is in process. (3) Provide for a prompt and thorough investigation of all allegations of abuse, exploitation, or neglect by trained, experienced personnel delegated with all necessary authority. (4)...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent, the juvenile court may make any of the following orders of disposition to protect the welfare of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal custodian of the child, subject to conditions and limitations as the juvenile court may prescribe. (2) Place the child under protective supervision under the Department of Human Resources. (3) Transfer legal custody to any of the following: a. The Department of Human Resources. b. A local public or private agency, organization, or facility willing and able to assume the education, care, and maintenance of the child and which is licensed by the Department of Human Resources or otherwise authorized by law to receive and provide care for the child. c. A relative or other individual who, after study by the Department of Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any circuit or district court judge in this state is authorized to issue a warrant to install a tracking device. The term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object. (b) Upon the written application, under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure 1.4, district attorney, or Attorney General of the state, including assistant and deputy district attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device. The warrant application shall do all of the following: (1) State facts sufficient to show probable cause that a crime is being, has been, or is about to be committed in the jurisdiction of the issuing judge. (2) Identify the person, if reasonably...
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36-25A-2
Section 36-25A-2 Definitions. As used in and for determining the applicability of this chapter, the following words shall have the following meanings solely for the purposes of this chapter: (1) DELIBERATION. An exchange of information or ideas among a quorum of members of a subcommittee, committee, or full governmental body intended to arrive at or influence a decision as to how any members of the subcommittee, committee, or full governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the subcommittee, committee, or full body immediately following the discussion or at a later time. (2) EXECUTIVE SESSION. That portion of a meeting of a subcommittee, committee, or full governmental body from which the public is excluded for one or more of the reasons prescribed in Section 36-25A-7(a). (3) GENERAL REPUTATION AND CHARACTER. Characteristics or actions of a person directly involving good or bad ethical conduct,...
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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees; finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms for statements required to be filed by this chapter and make the forms available to persons required to file such statements. (2) Prepare guidelines setting forth recommended uniform methods of reporting for use by persons required to file statements required by this chapter. (3) Accept and file any written information voluntarily supplied that exceeds the requirements of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system consistent with the purposes of this chapter. (5) Make reports and statements filed with the commission available during regular business hours and online via the Internet to public inquiry subject to such regulations as the commission may prescribe. (6) Preserve reports and statements for a period consistent with the statute of limitations as...
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