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13A-6-152
Section 13A-6-152 Human trafficking in the first degree. (a) A person commits the crime of
human trafficking in the first degree if: (1) He or she knowingly subjects another person
to labor servitude or sexual servitude. (2) He or she knowingly obtains, recruits, entices,
solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or
maintains any minor for the purpose of causing a minor to engage in sexual servitude. (3)
He or she knowingly gives monetary consideration or any other thing of value to engage in
any sexual conduct with a minor or an individual he or she believes to be a minor. (b) For
purposes of this section, it is not required that the defendant have knowledge of a minor
victim's age, nor is reasonable mistake of age a defense to liability under this section.
(c) A corporation, or any other legal entity other than an individual, may be prosecuted for
human trafficking in the first degree for an act or omission only if an agent of the...
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13A-6-153
Section 13A-6-153 Human trafficking in the second degree. (a) A person commits the crime of
human trafficking in the second degree if: (1) A person knowingly benefits, financially or
by receiving anything of value, from participation in a venture or engagement for the purpose
of sexual servitude or labor servitude. (2) A person knowingly recruits, entices, solicits,
induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains
by any means another person for the purpose of labor servitude or sexual servitude. (3) A
corporation, or any other legal entity other than an individual, may be prosecuted for human
trafficking in the second degree for an act or omission only if an agent of the corporation
or entity performs the conduct which is an element of the crime while acting within the scope
of his or her office or employment and on behalf of the corporation or entity, and the commission
of the crime was either authorized, requested, commanded, performed, or...
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15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes any
of the following offenses: (1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated
delinquent of a violation of rape in the second degree is presumed to be exempt from this
chapter after the juvenile has been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court makes a determination that the
juvenile sex offender is to be subject to this chapter. (3) Sodomy in the first degree, as
provided by Section 13A-6-63. (4) Sodomy in the second degree, as provided by Section 13A-6-64.
A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree
is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers
of the conduct for which he or she was adjudicated delinquent unless...
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13A-6-151
Section 13A-6-151 Definitions. As used in this article, the following terms shall have the
following, or any combination of the following, meanings ascribed to them by this section:
(1) COERCION. Any of the following: a. Causing or threatening to cause physical injury or
mental suffering to any person, physically restraining or confining any person, or threatening
to physically restrain or confine any person or otherwise causing the person performing or
providing labor or services to believe that the person or another person will suffer physical
injury or mental suffering. b. Implementing any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would result in physical injury, mental
suffering, or physical restraint of any person. c. Destroying, concealing, removing, confiscating,
or withholding from the person or another person, or threatening to destroy, conceal, remove,
confiscate, or withhold from the person or another person, the person's...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged
with a felony offense, except a violent offense as defined in Section 12-25-32, may file a
petition in the criminal division of the circuit court in the county in which the charges
were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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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...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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13A-6-154
Section 13A-6-154 Evidence of certain facts or conditions not deemed a defense. Evidence of
the following facts or conditions shall not constitute a defense in a prosecution for human
trafficking in the first or second degree, nor shall the evidence preclude a finding of a
violation: (1) A human trafficking victim's sexual history or history of commercial sexual
activity. (2) A human trafficking victim's connection by blood or marriage to a defendant
in the case or to anyone involved in the victim's trafficking. (3) Consent of or permission
by a victim of human trafficking or anyone else on the victim's behalf to any commercial sex
act or sexually explicit performance. (4) Age of consent to sex, an act defined by paragraph
b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age
of marriage, or other discretionary age. (5) Mistake as to the human trafficking victim's
age, even if the mistake is reasonable. (Act 2010-705, p. 1708, §5.)...
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13A-6-156
Section 13A-6-156 Forfeiture of profits or proceeds and interest in property. A person who
commits the offense of human trafficking in the first degree or human trafficking in the second
degree shall forfeit to the State of Alabama any profits or proceeds and any interest in property
that he or she has acquired or maintained that the sentencing court determines to have been
acquired or maintained as a result of committing human trafficking in the first degree or
human trafficking in the second degree. Any assets seized shall first be used to pay restitution
to trafficking victims and subsequently to pay any damages awarded to victims in a civil action.
Any remaining assets shall go toward the cost of the investigation and prosecution and the
remaining assets shall be remitted to funding the Alabama Crime Victims Compensation Fund.
(Act 2010-705, p. 1708, §7.)...
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26-10A-33
Section 26-10A-33 Crime to place children for adoption. Only a parent, a parent of a deceased
parent, or a relative of the degree of relationship specified in Section 26-10A-28, the Department
of Human Resources or a licensed child placing agency, or an agency approved by the Department
of Human Resources may place a minor for adoption. No person or entity other than the Department
of Human Resources or a licensed child placing agency shall engage in the business of placing
minors for adoption. Any person or entity making more than two unrelated placements of minors
for adoption within the preceding twelve-month period shall be deemed to be in the business
of placing minors for adoption. Any other person who places a minor for adoption is guilty,
upon the first conviction, of a Class A misdemeanor and upon subsequent convictions is guilty
of a Class C felony. This section does not intend to make it unlawful for any person not engaged
in the business of placing minors for adoption to...
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