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13A-12-21
Section 13A-12-21 Simple gambling. (a) A person commits the crime of simple gambling if he
knowingly advances or profits from unlawful gambling activity as a player. (b) It is a defense
to a prosecution under this section that a person charged with being a player was engaged
in a social game in a private place. The burden of injecting the issue is on the defendant,
but this does not shift the burden of proof. (c) Simple gambling is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §6105.)...
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13A-9-42
Section 13A-9-42 False advertising. (a) A person commits the crime of false advertising if,
in connection with the promotion of a sale, transfer, consumption or use of property or services,
he makes or causes to be made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons. (b) It is a defense to a prosecution
under this section if the actor acts neither knowingly nor recklessly in making the false
or misleading statement or in causing it to be made. The burden of injecting the issue is
on the defendant, but this does not shift the burden of proof. (c) False advertising is a
Class B misdemeanor. (Acts 1977, No. 607, p. 812, §4110.)...
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13A-9-41
Section 13A-9-41 Deceptive business practices. (a) A person commits the crime of deceptive
business practices if in the course of engaging in a business, occupation, or profession,
he: (1) Uses or possesses for use a false weight or measure, or any other device for falsely
determining or recording any quality or quantity; or (2) Sells, offers or exposes for sale,
or delivers, less than the represented quantity of any commodity or service; or (3) Takes
or attempts to take more than the represented quantity of any commodity or service when as
buyer he furnishes the weight or measure; or (4) Sells, offers or exposes for sale adulterated
commodities; or (5) Sells, offers or exposes for sale mislabeled commodities. (b) It shall
be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly.
The burden of injecting the issue is on the defendant, but this does not shift the burden
of proof. (c) "Adulterated" means varying from the standard of composition...
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13A-12-22
Section 13A-12-22 Promoting gambling. (a) A person commits the crime of promoting gambling
if he knowingly advances or profits from unlawful gambling activity otherwise than as a player.
(b) Promoting gambling is a Class A misdemeanor. (Acts 1977, No. 607, p. 812, §6106; Acts
1979, No. 79-471, p. 862, §1.)...
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13A-12-26
Section 13A-12-26 Defense to prosecution for possession of gambling records. A person does
not commit the crime of possession of gambling records in either degree if the writing, paper,
instrument or article possessed by the defendant is neither used nor intended to be used in
the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion
or playing of a lottery or mutuel scheme or enterprise. The burden of injecting the issue
is on the defendant, but this does not shift the burden of proof. (Acts 1977, No. 607, p.
812, §6120.)...
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13A-1-2
Section 13A-1-2 Definitions. Unless different meanings are expressly specified in subsequent
provisions of this title, the following terms shall have the following meanings: (1) BOOBY
TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by
any action of a person making contact with the device. This term includes guns, ammunition,
or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes,
nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the
production of toxic fumes or gases. (2) BURDEN OF INJECTING THE ISSUE. The term means that
the defendant must offer some competent evidence relating to all matters subject to the burden,
except that the defendant may rely upon evidence presented by the prosecution in meeting the
burden. (3) CLANDESTINE LABORATORY OPERATION. Any of the following: a. Purchase or procurement
of chemicals, supplies, equipment, or laboratory location for the...
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13A-10-40
Section 13A-10-40 Bail jumping in the second degree. (a) A person commits the crime of bail
jumping in the second degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed any misdemeanor or Class C felony, he fails to appear
at that time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) This section does not apply
to a person released from custody on condition that he will appear in connection with a charge
of having committed a misdemeanor in violation of Title 32 of this Code. (d) Bail jumping
in the second degree is a Class A misdemeanor. (Acts...
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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-4-3
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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13A-10-7
Section 13A-10-7 Compounding. (a) A person commits the crime of compounding if he gives or
offers to give, or accepts or agrees to accept, any pecuniary benefit or other thing of value
in consideration for: (1) Refraining from seeking prosecution of a crime; or (2) Refraining
from reporting to law enforcement authorities the commission or suspected commission of any
crime or information relating to the crime. (b) It is a defense to a prosecution under this
section that the pecuniary benefit did not exceed an amount which the actor reasonably believed
to be due as restitution or indemnification for harm caused by the offense. The burden of
injecting this defense is on the defendant. (c) Compounding is a Class A misdemeanor. (Acts
1977, No. 607, p. 812, §4530.)...
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