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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another
person. Factors to be considered in determining an implied threat include, but are not limited
to, the respective ages and sizes of the victim and the accused; the respective mental and
physical conditions of the victim and the accused; the atmosphere and physical setting in
which the incident was alleged to have taken place; the extent to which the accused may have
been in a position of authority, domination, or custodial control over the victim; or whether
the victim was under duress. Forcible compulsion does not require proof of resistance by the
victim. (2) INCAPACITATED. The term includes any of the following: a. A person who suffers
from a mental or developmental disease or disability which renders the person...
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15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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13A-6-151
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 or any person's actual or purported government
records, immigration documents, identifying information, or personal or real property.
d. Exposing or threatening to expose any fact or information that if revealed would...
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13A-11-72
Commissioner-certified law enforcement officer employed by a law enforcement agency who is
specifically selected and specially trained for the school setting. (i) The term "public
school" as used in this section applies only to a school composed of grades K-12 and
shall include a school bus used for grades K-12. (j) The term "deadly weapon" as
used in this section means a firearm or anything manifestly designed, made, or adapted for
the purposes of inflicting death or serious physical injury, and such term includes,
but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device;
a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger;
or any club, baton, billy, black-jack, bludgeon, or metal knuckles. (k)(1) The term "convicted"
as used in this section requires that the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the case if required by law, and...
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38-15-4
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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12-25-32
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 least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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15-23-101
Section 15-23-101 Motion to order person charged to be tested for sexually transmitted diseases.
When a person has been charged with the crime of rape, sodomy, sexual misconduct, sexual torture,
sexual abuse, assault by bodily fluids, or any other crime in which the victim was compelled
to engage in sexual activity by force or threat of force, and it appears from the nature of
the charge that the transmission of body fluids from one person to another may have been involved,
upon the request of the victim or the parent or guardian of a minor victim, the district attorney
shall file a motion with the court for an order requiring the person charged to submit to
a test for any sexually transmitted disease. (Act 2006-572, p. 1504, §2; Act 2019-465, §1.)...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit to testing
if the court determines there is probable cause to believe that the person charged committed
the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily
fluids, or any other crime where the victim was compelled to engage in sexual activity by
force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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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...
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