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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
as provided by Section 13A-6-71. (23) Facilitating solicitation of unlawful sexual conduct
with a child, as provided by Section 13A-6-121. (24) Electronic solicitation of a child, as
provided by Section 13A-6-122. (25) Facilitating the on-line solicitation of a child, as provided
by Section 13A-6-123. (26) Traveling to meet a child for an unlawful sex act, as provided
by Section 13A-6-124. (27) Facilitating the travel of a child for an unlawful sex act, as
provided by Section 13A-6-125. (28) Human trafficking in the first degree, as
provided by Section 13A-6-152, provided that the offense involves sexual servitude. (29) Human
trafficking in the second degree, as provided by Section 13A-6-153, provided that the
offense involves sexual servitude. (30) Custodial sexual misconduct, as provided by Section
14-11-31. (31) Sexual extortion, as provided by Section 13A-6-241. (32) Directing a child
to engage in a sex act, as provided in Section 13A-6-243. (33) Any offense which is the same
as...
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13A-6-151
physical injury or mental suffering. (3) LABOR SERVITUDE. Work or service of economic or financial
value which is performed or provided by another person and is induced or obtained by coercion
or deception. (4) MENTAL SUFFERING. A high degree of mental pain or emotional disturbances,
such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. It is more
than mere disappointment, anger, resentment, wounded pride, or embarrassment and must be a
direct result of the crime of human trafficking. (5) MINOR. A person under the
age of 19. (6) PHYSICAL INJURY. Impairment of physical condition or substantial pain. (7)
SEXUAL CONDUCT. Any of the following acts: a. Sexual Intercourse. This term shall have its
ordinary meaning and occurs upon a penetration, however slight; emission is not required.
b. Sexual Contact. Any known touching for the purpose of sexual arousal, gratification, or
abuse of the following: 1. The sexual or other intimate parts of the victim by the actor....
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15-27-2
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 violation, or any traffic violation,
excluding minor traffic violations, during the previous five years. (5) Ninety days have passed
from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge
has not been refiled. (6) When the person proves by a preponderance of the evidence that the
person is a victim of human trafficking, that the person committed the felony
offense during the period the person was being trafficked, and that the person would not have
committed the felony offense but for being trafficked. Evidence that a person is a victim
of human trafficking may include, but is not limited to, evidence that the person's
trafficker was convicted of trafficking the person under Section 13A-6-152 or Section
13A-6-153. (b) Subsection (a) notwithstanding, convictions for the following offenses,...
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12-25-32
Production of obscene matter involving a minor pursuant to Section 13A-12-197. 41. Trafficking
pursuant to Section 13A-12-231. 42. Child abuse pursuant to Section 26-15-3. 43. Elder abuse
pursuant to Section 38-9-7. 44. Terrorism pursuant to Section 13A-10-152. 45. Hindering prosecution
for terrorism pursuant to Section 13A-10-154. 46. Domestic violence III pursuant to subsection
(d) of Section 13A-6-132. 47. Domestic violence by strangulation or suffocation pursuant to
Section 13A-6-138. 48. Human trafficking I pursuant to Section 13A-6-152. 49.
Human trafficking II pursuant to Section 13A-6-153. 50. Hindering prosecution
in the first degree pursuant to Section 13A-10-43. 51. Any substantially similar offense for
which an Alabama offender has been convicted under prior Alabama law or the law of any other
state, the District of Columbia, the United States, or any of the territories of the United
States. b. The basis for defining these offenses as violent is that each offense meets at...
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15-8-150
sell, etc.) in this state, shares of the capital stock of the X. Y. company (or otherwise describing
the security sold, offered for sale, etc.), which said stock (or other security) had not then
been registered and recorded in the register of the Alabama Securities Commission. (93) SETTING
OFF EXPLOSIVE NEAR, ETC., DWELLING HOUSE, ETC. A. B. willfully set off or exploded dynamite
or other explosive in, under or dangerously near to the dwelling house of C. D., in which
there was at the time a human being. (94) SETTING OFF EXPLOSIVE NEAR, ETC., UNINHABITED
DWELLING, ETC. A. B. willfully set off or exploded dynamite or other explosive in, under or
dangerously near to the uninhabited dwelling house of C. D. in which there was at the time
no human being. (95) CRIME AGAINST NATURE. A. B., against the order of nature carnally
knew C. D.; or A. B., against the order of nature, carnally knew a certain beast, to-wit,
a cow, against, etc. (96) SOLICITING, ETC., ORDER FOR PROHIBITED LIQUOR. A. B....
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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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