|
13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical
force upon another person in order to defend himself or herself or a third person from what
he or she reasonably believes to be the use or imminent use of unlawful physical force by
that other person, and he or she may use a degree of force which he or she reasonably believes
to be necessary for the purpose. A person may use deadly physical force, and is legally presumed
to be justified in using deadly physical force in self-defense or the defense of another person
pursuant to subdivision (5), if the person reasonably believes that another person is: (1)
Using or about to use unlawful deadly physical force. (2) Using or about to use physical force
against an occupant of a dwelling while committing or attempting to commit a burglary of such
dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first
or second degree, burglary in any degree, robbery in any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-3-23.htm - 6K - Match Info - Similar pages
12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-32.htm - 11K - Match Info - Similar pages
12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases
shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-301.htm - 7K - Match Info - Similar pages
15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-190.htm - 4K - Match Info - Similar pages
13A-7-41
Section 13A-7-41 Arson in the first degree. (a) A person commits the crime of arson in the
first degree if he intentionally damages a building by starting or maintaining a fire or causing
an explosion, and when: (1) Another person is present in such building at the time, and (2)
The actor knows that fact, or the circumstances are such as to render the presence of a person
therein a reasonable possibility. (b) Arson in the first degree is a Class A felony. (Acts
1977, No. 607, p. 812, §2805.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-7-41.htm - 833 bytes - Match Info - Similar pages
13A-10-39
Section 13A-10-39 Bail jumping in the first degree. (a) The person commits the crime of bail
jumping in the first 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 murder or any Class A or B felony, he fails to appear
at the 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) Bail jumping in the first degree
is a Class C felony. (Acts 1977, No. 607, p. 812, §4620.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-39.htm - 1K - Match Info - Similar pages
45-36-80.04
Section 45-36-80.04 Additional court cost in domestic violence cases. (a) In addition to all
other costs and charges in circuit, district, and municipal court cases in Jackson County,
there shall be levied and assessed by the clerk of the court a court cost of thirty-five dollars
($35) in the following domestic violence cases: (1) Any case in which the defendant is assessed
court costs for any of the following offenses: a. Domestic violence in the first degree pursuant
to Section 13A-6-130. b. Domestic violence in the second degree pursuant to Section 13A-6-131.
c. Domestic violence in the third degree pursuant to Section 13A-6-132. d. Domestic violence
by strangulation or suffocation pursuant to Section 13A-6-138. e. Violation of a protective
order pursuant to Section 13A-6-142. (2) Any case in which the judge has issued a final order
on a petition for protection from abuse pursuant to Sections 30-5-1 to 30-5-11. (b) The clerk
of the court shall collect the court costs. The clerk of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-36-80.04.htm - 1K - Match Info - Similar pages
13A-11-41
Section 13A-11-41 Voyeurism in the first degree. (a) A person commits the crime of voyeurism
in the first degree if, for the purpose of arousing or gratifying the sexual desire of any
person, he or she knowingly photographs or films the intimate areas of another person, whether
through, under, or around clothing, without that person's knowledge and consent and under
circumstances where the person has a reasonable expectation of privacy, whether in a public
or private place. (b) Voyeurism in the first degree is a Class C felony, except if the defendant
is 18 years of age or younger on the date of the offense, voyeurism in the first degree is
a Class A misdemeanor. (c) The statute of limitations begins at the time of discovery of the
photograph or film. (Act 2019-481, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-11-41.htm - 1K - 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
30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-9.htm - 6K - Match Info - Similar pages
|