|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-4-2.htm - 1K - Match Info - Similar pages
13A-12-124
Section 13A-12-124 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) As used in this section,
the term minor victim means a person who committed, or was solicited to commit, an act of
prostitution while the person was a minor. (b) Evidence of any of the following facts or conditions
does not constitute a defense in a prosecution under Section 13A-12-121.1, nor shall the evidence
preclude a finding of a violation: (1) A minor victim's sexual history or history of commercial
sexual activity. (2) A minor victim's connection by blood or marriage to a defendant in the
case or to anyone involved in the minor victim's prostitution. (3) Consent of or permission
by a minor victim or anyone else on the minor victim's behalf to any commercial sex act or
sexually explicit performance. (4) Age of consent to engage in sexual activity. (5) Mistake
as to the minor victim's age, even if the mistake is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-124.htm - 1K - Match Info - Similar pages
15-3-5
Section 15-3-5 Offenses having no limitation. (a) There is no limitation of time within which
a prosecution must be commenced for any of the following offenses: (1) Any capital offense.
(2) Any felony involving the use, attempted use, or threat of, violence to a person. (3) Any
felony involving serious physical injury or death of a person. (4) Any sex offense pursuant
to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether it involves
force, serious physical injury, or death. (5) Any felony involving arson of any type. (6)
Any felony involving forgery of any type. (7) Any felony involving counterfeiting. (8) Any
felony involving drug trafficking. (b) The amendments made by this act shall apply to both
of the following: (1) To all crimes committed after January 7, 1985. (2) To all crimes committed
before January 7, 1985, for which no statute of limitations provided under pre-existing law
has run as of January 7, 1985. (c) Nothing herein shall be construed to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-3-5.htm - 1K - Match Info - Similar pages
13A-10-152
Section 13A-10-152 Crime of terrorism. (a) A person is guilty of a crime of terrorism when,
with intent to intimidate or coerce a civilian population, influence the policy of a unit
of government by intimidation or coercion, or affect the conduct of a unit of government by
murder, assassination, or kidnapping, he or she commits a specified offense. (b)(1) When a
person is convicted pursuant to this section, and the specified offense is a Class B or Class
C felony, the crime of terrorism shall be deemed to be one class higher than the specified
offense the defendant committed, or one class higher than the offense level applicable to
the defendant's conviction for an attempt or conspiracy to commit the specified offense, whichever
is applicable. (2) Notwithstanding any other provision of law, when a person is convicted
of a crime of terrorism pursuant to this article, and the specified offense is a Class A felony
other than murder, the sentence upon conviction of the offense shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-152.htm - 1K - Match Info - Similar pages
13A-6-70
Section 13A-6-70 Lack of consent. (a) Unless otherwise stated, an element of every offense
defined in this article is that the sexual act was committed without the consent of the victim.
(b) Lack of consent results from either of the following: (1) Forcible compulsion. (2) Being
incapable of consent. (c) A person is deemed incapable of consent if he or she is either:
(1) Less than 16 years old. (2) Incapacitated. (d) Consent to engage in sexual intercourse,
sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence
of a current or previous marital, dating, social, or sexual relationship with the defendant
is not sufficient to constitute consent. Evidence that the victim suggested, requested, or
otherwise communicated to the defendant that the defendant use a condom or other birth control
device or sexually transmitted disease protection, without additional evidence of consent,
is not sufficient to constitute consent. (Acts 1977, No. 607, p. 812,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-70.htm - 1K - Match Info - Similar pages
13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic violence
in the third degree if the person commits the crime of assault in the third degree pursuant
to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section
13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime
of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications
pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third
degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third
degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree
pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-132.htm - 3K - Match Info - Similar pages
13A-6-138
Section 13A-6-138 Domestic violence by strangulation or suffocation. (a) For the purposes of
this section, the following terms have the following meanings: (1) STRANGULATION. Intentionally
causing asphyxia by closure or compression of the blood vessels or air passages of the neck
as a result of external pressure on the neck. (2) SUFFOCATION. Intentionally causing asphyxia
by depriving a person of air or by preventing a person from breathing through the inhalation
of toxic gases or by blocking or obstructing the airway of a person, by any means other than
by strangulation. (b) A person commits the crime of domestic violence by strangulation or
suffocation if he or she commits an assault with intent to cause physical harm or commits
the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted
strangulation or suffocation and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-138.htm - 1K - Match Info - Similar pages
15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-11-3.htm - 1K - Match Info - Similar pages
36-21-123
Section 36-21-123 Powers generally. Any police officer appointed by a tribe pursuant to Section
36-21-122 shall be charged with all the powers of state police officers including, but not
limited to, the right to bear firearms. The police officers of a tribe may do any of the following:
(1) Eject trespassers from the buildings and grounds of the reservation. (2) Without a warrant,
arrest a person who is engaging in disorderly conduct, trespassing upon the property of the
reservation, or committing any public offense in the presence of the police officer on the
reservation property, carry the person before the proper court, and, upon proper affidavit,
charge the person with committing the offense. The person so arrested may be tried and convicted
as in cases of persons brought before a court on the warrant of the court. (3) Arrest any
person pursuant to a warrant who is on the premises of the reservation and is charged with
any public offense and take the person before the proper office....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-21-123.htm - 1K - Match Info - Similar pages
12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-204.htm - 3K - Match Info - Similar pages
|