AL · jury_instructions
Ala. Pattern Jury Instr. (Criminal) DEFINITIONS_IN_THE_CRIMINAL_CODE
Definitions in the Criminal Code
ALPHABETICAL INDEX OF DEFINITIONS IN THE CRIMINAL CODE
COMPILED BY BILL BOWEN, AUGUST 8, 2013.
Recompiled by Myra Sabel, Alabama Supreme Court and State Law Library
Updated through 2018 Amendments
[Does not include definitions of specific crimes and defenses, i.e. murder, intoxication]
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
-A-
ABDUCT
To restrain a person with intent to prevent his liberation by either:
a. Secreting or holding him in a place where he is not likely to be found, or
b. Using or threatening to use deadly physical force. [§ 13A-6-40(2)]
ABDUCTION
An abduction is the removal or retention of a child without the consent of the child's
custodian. [§ 13A-13-8(b)(1)]
ACCESS
To gain entry to, instruct, communicate with, store data in, retrieve or intercept data
from, alter data or computer software in, or otherwise make use of any resource of a
computer, computer system, or computer network. [§ 13A-8-111(1)]
ACQUIRER
A business organization including without limitation a merchant, financial institution,
or an agent of a business organization or financial institution that authorizes a merchant
to accept payment by credit card for money, goods, services, or anything else of value.
[§ 13A-9-14.1(a)(1)]
ACT
A bodily movement, and such term includes possession of property. [§ 13A-2-1(1)]
ACT OF TERRORISM
An act or acts constituting a specified offense as defined in subdivision (4) for which
a person may be convicted in the criminal courts of this state, or an act or acts constituting
an offense in any other jurisdiction within or outside the territorial boundaries of the United
States which contains all of the essential elements of a specified offense, that is intended
to do the following:
a. Intimidate or coerce a civilian population.
b Influence the policy of a unit of government by intimidation or coercion.
c. Affect the conduct of a unit of government by murder, assassination, or
kidnapping. [§ 13A-10-151(1)]
Note: § 13A -10-151(4) SPECIFIED OFFENSE . A Class A felony, manslaughter,
kidnapping in the second degree, assault in the first or second degree, stalking,
intimidating a witness, criminal tampering, or any attempt or conspiracy to commit
any of these offenses.
ADULT
A person who, pursuant to state law, may possess alcoholic beverages.
[§ 13A-11-10.1(a)(1)]
ADULT BOOKSTORES AND ADULT VIDEO STORES
A commercial establishment in which is offered for sale or rent any book, video, film,
or other medium which in the aggregate constitute substantially all of its stock or inventory
which depicts sexual conduct as defined herein. [§ 13A-12-200.1(1)]
ADULT HAVING CONTROL OF A RESIDENCE
An adult who has sanctioned an open house party and who is in attendance. [§ 13A-
11-10.1(a)(2)]
ADULT MOVIE HOUSE
A place where obscene “adult films” depicting sexual conduct are shown. [§ 13A-12-
200.1(2)]
ADULT SEX OFFENDER
A person convicted of a sex offense. [§ 15-20A-4(1)]
ADULTERATED
“Adulterated” means varying from the standard of composition or quality prescribed
by statute or lawfully promulgated administrative regulation, or if none, as set by
established commercial usage. [§ 13A-9-41(c)]
ADULT-ONLY ENTERTAINMENT
Any commercial establishment or private club where entertainers, employees,
dancers, or waiters appear nude or semi-nude. [§ 13A-12-200.1(3)]
ADVANCE GAMBLING ACTIVITY
A person “advances gambling activity” if he engages in conduct that materially aids
any form of gambling activity. Conduct of this nature includes but is not limited to conduct
directed toward the creation or establishment of the particular game, contest, scheme,
device or activity involved, toward the acquisition or maintenance of premises,
paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of
persons to participate therei n, toward the actual conduct of the playing phases thereof,
toward the arrangement of any of its financial or recording phases or toward any other
phase of its operation. A person advances gambling activity if, having substantial
proprietary control or oth er authoritative control over premises being used with his
knowledge for purposes of gambling activity, he permits that activity to occur or continue
or makes no effort to prevent its occurrence or continuation. [§ 13A-12-20(1)]
ADVANCE PROSTITUTION
A person “advances prostitution” if, acting other than as a prostitute or a patron of a
prostitute, he knowingly causes or aids a person to commit or engage in prostitution,
procures or solicits patrons for prostitution, provides persons or premises for prosti tution
purposes, operates or assists in the operation of a house of prostitution or a prostitution
enterprise. [§ 13A-12-110(1)]
AGGRAVATING CIRCUMSTANCES
Aggravating circumstances shall be the following:
(1) The capital offense was committed by a perso n under sentence of
imprisonment;
(2) The defendant was previously convicted of another capital offense or a felony
involving the use or threat of violence to the person;
(3) The defendant knowingly created a great risk of death to many persons;
(4) The capital offense was committed while the defendant was engaged or was
an accomplice in the commission of, or an attempt to commit, or flight after
committing, or attempting to commit, rape, robbery, burglary or kidnapping;
(5) The capital offense was committed for the purpose of avoiding or preventing a
lawful arrest or effecting an escape from custody;
(6) The capital offense was committed for pecuniary gain;
(7) The capital offense was committed to disrupt or hinder the lawful exercise of
any governmental function or the enforcement of laws;
(8) The capital offense was especially heinous, atrocious, or cruel compared to
other capital offenses;
(9) The defendant intentionally caused the death of two or more persons by one
act or pursuant to one scheme or course of conduct; or
(10)The capital offense was one of a series of intentional killings committed by the
defendant. [§ 13A-5-49]
ALCOHOLIC BEVERAGE
The meaning ascribed in Section 28-3-1. [§ 13A-11-10.1(a)(3)]
Note: § 28-3-1. (1) ALCOHOLIC BEVERAGES. Any alcoholic, spirituous, vinous,
fermented, or other alcoholic beverage, or combination of liquors and mixed
liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic,
and all drinks or drinkable liquids, preparations or mixtur es intended for
beverage purposes, which contain one -half of one percent or more of alcohol
by volume, and shall include liquor, beer, and wine.
AMMUNITION
Any cartridge, shell, or projectile designed for use in a firearm. [§ 13A-11-58.1(a)(1)]
ANIMAL
Every living creature, domestic or wild, with the exception of man and animals used
for illegal gaming purposes. [§ 13A-11-152(1)]
ANIMAL OR CROP FACILITY
Any facility engaging in scientific research, education, or agricultural production of or
involving the use of animals or crops including any organization with the primary purpose
of representing livestock or crop production or processing; any organization with a primary
purpose of promoting or marketing livestock or crops; any organization wit h a primary
purpose of promoting or marketing livestock or crop products or materials; any person
licensed to practice veterinary medicine; any person licensed to apply chemical
applications not limited to pesticides, insecticides, rodenticides, or herbici des; any
organization with a primary purpose of representing any of the above; the owner,
operator, and employees of any animal or crop facility; and any vehicle, building,
greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or
premises where animals or crops are located. [§ 13A-11-152(2)]
ATTEMPT TO COMMIT CRIME
An attempt to commit a crime means that, with the intent to commit a specific
offense, a person did an overt act towards the commission of that offense. [13A-4-2(a)]
ARTICLE
Any object, material, device, or substance or any copy thereof, including a writing,
recording, drawing, sample, specimen, prototype, model, photograph, microorganism,
blueprint, or map. [§ 13A-8-10.4(a)(1)]
AUDIOVISUAL IMAGE
A series of related images which are intended to impart an impression of motion when
shown in succession by means of a machine or device. [§ 13A-8-90(a)(1)]
AUDIOVISUAL RECORDING FUNCTION
The capability of a device to record or transmit a motion picture or any part thereof.
[§ 13A-8-90(a)(2)]
AUTHORIZED PERSON
An authorized person includes, but is not limited to, a law enforcement officer, security
officer, an owner or manager of the premises, a principal, teacher, or school bus driver if
the premises is a school, childcare facility, or bus stop, a coach, if the premises is an
athletic field or facility, or any person designated with that authority. [§ 15-20A-17(a)(2)]
-B-
BACTERIOLOGICAL WEAPON OR BIOLOGICAL WEAPON
A device which is designed in a manner to permit the intentional release onto any
person, into the population or environment of microbial, or other biological agents or
toxins or viral agents whatever their origin or method of production in a manner not
otherwise authorized by law or any device the development, production, or stockpiling of
which is prohibited pursua nt to the “Convention on the Prohibition of the Development,
Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their
Destruction,” 26 U.S.T. 583, TIAS 8063. The microbial or biological agents or viral agents
shall include, but not be limited to, any of the following: Anthrax or any variation thereof,
smallpox or any variation thereof. [§ 13A-10-190(1)]
BENEFIT
Any gain or advantage to the beneficiary, including any gain or advantage to a third
person pursuant to the desire or consent of the beneficiary. [§ 13A-10-60(b)(1)]
BODILY FLUID
A bodily fluid is blood, saliva, seminal fluid, mucous fluid, urine, or feces. [13A-6-
242(b)]
BONA FIDE COIN-OPERATED AMUSEMENT MACHINE
(1) For purposes of this section, “bona fide coin -operated amusement machine”
means every machine of any kind or character used by the public to provide amusement
or entertainment whose operation requires the payment of or the insertion of a coin, bill,
other money, token, ticket, or similar object, and the result of whose operation depends
in whole or in part upon the skill of the player, whether or not it affords an award to a
successful player, and which can be legally shipped interstate according to federal law.
Examples of bona fide coin -operated amusement machines include, but are not limited
to, the following:
a. Pinball machines.
b. Console machines.
c. Video games.
d. Crane machines.
e. Claw machines.
f. Pusher machines.
g. Bowling machines.
h. Novelty arcade games.
i. Foosball or table soccer machines.
j. Miniature racetrack or football machines.
k. Target or shooting gallery machines.
l. Basketball machines.
m. Shuffleboard games.
n. Kiddie ride games.
o. Skeeball machines.
p. Air hockey machines.
q. Roll down machines.
r. Coin-operated pool table or coin-operated billiard table.
s. Any other similar amusement machine which can be legally operated in
Alabama.
t. Every machine of any kind or character u sed by the public to provide music
whose operation requires the payment of or the insertion of a coin, bill, other
money, token, ticket, or similar object, such as jukeboxes or other similar types
of music machines.
(2) The term “bona fide coin -operated amusement machine” does not include the
following:
a. Coin-operated washing machines or dryers.
b. Vending machines which for payment of money dispense products or services.
c. Gas and electric meters.
d. Pay telephones.
e. Cigarette vending machines.
f. Coin-operated scales.
g. Coin-operated gumball machines.
h. Coin-operated parking meters.
i. Coin-operated television sets which provide cable or network programming.
j. Machines which are not legally permitted to be operated in Alabama.
k. Slot machines.
l. Video poker games.
[§ 13A-12-76(e)]
BOOBY TRAP
Any concealed or camouflaged device designed to cause bodily injury when triggered
by any action of a person making contact with the device. This term includes guns,
ammunition, or explosive devices attached to trip wires or other triggering mechanisms,
sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached,
and devices for the production of toxic fumes or gases. [§ 13A-1-2(1)]
BOOKMAKING
Advancing gambling activity by unlawfully accepting bets from members of the public
as a business, rather than in a casual or personal fashion, upon the outcome of future
contingent events. [§ 13A-12-20(2)]
BRAND STYLE
A variety of cigarettes distinguished by the tobacco used, tar and nicotine content,
flavoring used, size of cigarette, filtration on the cigarette, or packaging. [§ 13A-12-3.1(1)]
BREAST NUDITY
The lewd showing of the post -pubertal human female breasts below a point
immediately above the top of the areola. [§ 13A-12-190(10)]
The showing of the post-pubertal human female breasts below a point immediately
above the top of the areola. [§ 13A-12-200.1(4)]
BUILDING
Any structure which may be entered and utilized by persons for business, public use,
lodging, or the storage of goods, and includes any vehicle, aircraft, or watercraft used for
the lodging of persons or carrying on business therein. Each unit of a building consisting
of two or more units separately occupied or secured is a separate building. [§ 13A -3-
20(3)]
Any structure which may be entered and utilized by persons for business, public use,
lodging or the storage of goods, and such term includes any vehicle, aircraft or watercraft
used for the lodging of persons or carrying on business therein, and such term includes
any ra ilroad box car or other rail equipment or trailer or tractor trailer or combination
thereof. Where a building consists of two or more units separately occupied or secure,
each shall be deemed both a separate building and a part of the main building. [§ 13A-7-
1(1).]
As used in this article, such term means any structure which may be entered and
utilized by persons for business, public use, lodging or the storage of goods, and includes
any vehicle, railway car, aircraft or watercraft used for the lodging of persons or for
carrying on business therein. Where a building consists of two or more units separately
secured or occupied, each unit shall not be deemed a separate building. [§ 13A-7-40(1)]
Any structure that may be entered and utilized by persons for business, public use,
lodging, or the storage of goods. The term includes any vehicle, aircraft, or watercraft
used for the lodging of persons or carrying on business therein and includes any railroad
boxcar or other rail equipment or trailer or tractor trailer, or combination thereof. Where a
building consists of two or more units separately occupied or secure, each shall be
deemed both a separate building and a part of the main building. [§ 13A-7-80(a)(1)]
BURDEN OF INJECTING THE ISSUE
The term means that the defendant must offer some competent evidence relating to
all matters subject to the burden, except that the defendant may rely upon evidence
presented by the prosecution in meeting the burden. [§ 13A-1-2(2)]
BURDEN OF INTERJECTIN G THE ISS UE. Shall be defined as provided in Section 13A -1-
2(14) [sic] [§ 13A-5-39(4)]
Note: Reference should be to § 13A-1-2(2).
BUSINESS RECORD
“Business record” means any writing or article kept or maintained by an enterprise for
the purpose of evidencing or reflecting its condition or activity. [§ 13A-9-45(c)]
-C-
CABLE TELEVISION COMPANY
As used in this article, unless the context requires otherwise, “cable television
company” or “company” means any franchised or other duly licensed compan y which is
operated or intended to be operated to perform the service of receiving and amplifying
the signals broadcast by one or more television stations and redistributing such signals
by wire, cable or other device or means for accomplishing such redistribution, to members
of the public who subscribe to such service, or distributing through such company's
antennae, poles, wires, cables, conduits or other property used in providing service to its
subscribers and customers any television signals whether br oadcast or not. [§ 13A -8-
120]
CAPITAL OFFENSE
An offense for which a defendant shall be punished by a sentence of death or life
imprisonment without parole, or in the case of a defendant who establishes that he or she
was under the age of 18 years at the time of the capital offense, life imprisonment, or life
imprisonment without parole, according to the provisions of this article. [§ 13A-5-39(1)]
CARDHOLDER
The person or organization named on the face of a credit card to whom or for whose
benefit the credit card is issued by an issuer. [§ 13A-9-14.1(a)(2)]
CAREGIVER
An individual who has the responsibility for the care of an elderly person as a result of
family relationship or who has assumed the responsibility for the care of the person
voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship. [13A-6-
191(1)]
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, or patriotic person, or one purporting to be such,
consistent with the then -controlling definition provided in the Internal Revenue Code of
the United States of America, which solicits and collects funds for charitable purposes
and includes each local, county, or area division within this state of the charitable
organization; provided the loc al, county, or area division has authority and discretion to
disburse funds or property otherwise than by transfer to any parent organization. [§ 13A-
9-70(1)]
A person or nonprofit corporation who is or holds himself or herself out to be
established for a benevolent, educational, philanthropic, humane, scientific, artistic,
patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or
other eleemosynary purpose, or a person who employs a charitable appeal as the basis
for any solicitation or appeal that suggests, directly, or indirectly, that the solicitation is for
a charitable purpose. Charitable organization includes a person, chapter, branch, area
office, or a similar affiliate, or agent of any of these, soliciting contributions within the state
for a charitable organization or cause that has its principal place of business within or
without the state. [§ 13A-9-80(1)]
CHARITABLE PURPOSE
Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with
the then-controlling definition provided in the Internal Revenue Code of the United States
of America. [§ 13A-9-70(2)]
Any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public
health, social welfare, advocacy, env ironmental, conservation, civic, or other
eleemosynary purpose as defined and amended, from time to time, by the Internal
Revenue Code. [§ 13A-9-80(2)]
CHILD
For the purposes of this article, a child is defined as a person under 16 years of age.
[§ 13A-6-120]
A child is a person who is less than 18 years of age. [13A-13-8(b)(2)]
“Child” includes a child born out of wedlock whose paternity has been admitted by the
actor or has been established in a civil suit. [§ 13A-13-4(c)]
A person who has not attained the age of 12. [§ 15-20A-4(2)]
A person under the age of 18 years. [§ 26-14-1(3)]
CHILDCARE FACILITY
A licensed child daycare center, a licensed childcare facility, or any other childcare
service that is exempt from licensing pursuant to Section 38 -7-3, provided that the
licensed child daycare center, licensed childcare facility, or any other childcare se rvice
and location are public record or have been provided to local law enforcement. [§ 15-
20A-4(3)]
CIVIL RIGHTS ORGANIZATION
Any charitable organization exempt from taxation pursuant to Section 501(c) of the
Internal Revenue Code that is organized to protect the rights of persons against
deprivation, discrimination, or denial of their right to equal protection of the laws under the
Constitution of the United States of America because of color, race, religion, sex, age,
disability, or national origin. [§ 13A-9-70(3)]
CLANDESTINE LABORATORY OPERATION
Any of the following:
a. Purchase or procurement of chemicals, supplies, equipment, or laboratory
location for the unlawful manufacture of controlled substances.
b. Transportation or arrang ing for the transportation of chemicals, supplies, or
equipment for the unlawful manufacture of controlled substances.
c. Setting up of equipment or supplies in preparation for the unlawful manufacture
of controlled substances.
d. Distribution or disposal of chemicals, equipment, supplies, or products used in
or produced by the unlawful manufacture of controlled substances . [§ 13A-1-
2(3)]
CLEAR AND CONSPICUOUS STATEMENT
The statement is of sufficient type size to be clearly readable by the recipient of the
communication. [§ 13A-12-3.1(2)]
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 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
tend to subject a person to criminal prosecution, criminal or immigration
proceedings, hatred, contempt, or ridicule.
e. Threatening to report the person or another person to immigration o fficials or
to other law enforcement officials or otherwise blackmailing or extorting the
person or another person.
f. Controlling a person's access to a controlled substance, as the term is defined
in Section 20-2-2.
g. Rape or sodomy or threatened rape or sodomy of any person, as defined in
Title 13A. [§ 13A-6-151(1)]
COIN MACHINE
A coin box, turnstile, vending machine or other mechanical or electronic device or
receptacle designed:
a. To receive a coin or bill of a certain denomination or a token made for the
purpose; and
b. In return for the insertion or deposit thereof, autom atically to offer, provide,
assist in providing or permit the acquisition of property or a public or private
service. [§ 13A-9-16(1)]
COMMERCIAL CO-VENTURER
Any person who for profit or other commercial consideration, conducts, promotes,
underwrites, arranges, or sponsors a sale, performance, or event of any kind which is
advertised, and which will benefit, to any extent, a charitable or religious organization.
However, any such person who will benefit in good will only, is not a commercia l co-venturer if the collection and distribution of the proceeds of the sale, performance, or
event are supervised and controlled by the benefiting charitable or religious organization.
[§ 13A-9-70(4)]
COMMERCIALLY DISTRIBUTE
To sell, lease, rent, or distribute for pecuniary gain. [§ 13A-8-90(a)(4)]
COMMISSIONER
The Commissioner of Agriculture and Industries for the State of Alabama. [§ 13A-11-
152(3).]
The Commissioner of the Alabama Department of Revenue. [§ 13A-12-3.1(3).]
COMMITTED PERSON
Any committed person from the lawful custody of its parent, guardian or other lawful
custodian. “Committed person” means, in addition to anyone committed under judicial
warrant, any neglected, dependent or delinquent child, mentally defective or in sane
person or any other incompetent person entrusted to another's custody by authority of
law. [§ 13A-6-45(a)(2]
COMPLETE WRITTEN INSTRUMENT
One which purports to be a genuine written instrument fully drawn with respect to
every essential feature thereof. [§ 13A-9-1(2)]
COMPUTER
An electronic, magnetic, optical, electrochemical, or other high speed data processing
device or system that performs logical, arithmetic, or memory functions by the
manipulations of electronic or magnetic impulses and includes all input, output,
processing, storage, or communication facilities that are connected or related to the
device. [§ 13A-8-111(2)]
COMPUTER NETWORK
The interconnection of two or more computers or computer systems that transmit data
over communication circuits connecting them. [§ 13A-8-111(3)]
COMPUTER PROGRAM
An ordered set of data representing co ded instructions or statements that when
executed by a computer cause the computer to process data or perform specific
functions. [§ 13A-8-111(4)]
COMPUTER SECURITY SYSTEM
The design, procedures, or other measures that the person responsible for the
operation and use of a computer employs to restrict the use of the computer to particular
persons or uses or that the owner or licensee of data stored or maintained by a computer
in which the owner or licensee is entitled to store or maintain the data employs to restrict
access to the data. [§ 13A-8-111(5)]
COMPUTER SERVICES
The product of the use of a computer, the information stored in the computer, or the
personnel supporting the computer, including computer time, data processing, and
storage functions. [§ 13A-8-111(6)]
COMPUTER SOFTWARE
A set of instructions or statements, and related data, that when executed in actual or
modified form, cause a computer, computer system, or computer network to perform
specific functions. [§ 13A-8-111(7)]
COMPUTER SYSTEM
A set of related or interconnected computer or computer network equipment, devices
and software. [§ 13A-8-111(8)]
CONDUCT
An act or omission and its accompanying mental state. [§ 13A-2-1(4)]
CONSPIRE
“Conspire” means to engage in activity constituting a criminal conspiracy as defined
in Section 13A-4-3. [§ 13A-12-23(b)]
CONSUMER
An individual who acquires or seeks to acquire cigarettes, or any one or more articles
taxed herein, for personal use. [§ 13A-12-3.1(4)]
CONSUMER CREDIT REPORT
The term shall mean the same as the term is defined in the Federal Fair Credit
Reporting Act, 15 USC Sections 1681a and 1681b, as amended. [§ 13A-8-200(1)]
CONSUMER REPORTING AGENCY
The term shall mean the same as the term is def ined in the Federal Fair Credit
Reporting Act, 15 USC Sections 1681a and 1681b, as amended. [§ 13A-8-200(2)]
CONTAGIOUS OR INFECTIOUS DISEASE
A specific highly communicable disease caused by one or more biological agents and
that is generally found in livestock, including poultry, designated for human consumption.
[§ 13A-10-170(a)(1)]
CONTAINER
Box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a
product for sale or distribution, for solicitation purposes. [§ 13A-9-80(3)]
CONTAINMENT AREA
Any area used to hold a police animal or search and rescue animal regardless whether
on duty or off duty, including, but not limited to, a kennel, car unit, trailer, tent, staging
area, stable, paddock, tie-out, or fenced area or pasture. [13A-11-260(1)]
CONTEST OF CHANCE
Any contest, game, gaming scheme or gaming device in which the outcome depends
in a material degree upon an element of chance, notwithstanding that skill of the
contestants may also be a factor therein. [§ 13A-12-20(3)]
CONTRABAND
Any article or thing which a person confined in a detention facility is legally prohibited
from obtaining or possessing by statute, rule, regulation or order. [§ 13A-10-30(b)(4)]
CONTRIBUTION
The promise or grant of any money or property of any kind or value, including the
promise to pay, except payments by members of an organization for membership fees,
dues, fines, or assessments, or for services rendered to individual members, if
membership in the organization confers a bona fide right, privilege, professional standing,
honor, or other direct benefit, other than the right to vote, elect officers, or hold offices,
and except money or property received from any governmental authority. Reference to
the dollar amount of “contributions” in this article means in the case of promises to pay,
or payments for merchandise or rights of any other description, the value of the total
amount promised to be paid for the merchandise or rights and not merely that portion of
the purchase price to be applied to a charitable purpose. [§ 13A-9-70(5)]
CONTROLLED SUBSTANCE
The meaning ascribed in Section 20-2-2. [§ 13A-11-10.1(a)(4)]
Note: § 20 -2-2(4) CONTROLLED SUBSTANCE . A drug, substance, or immediate
precursor in Schedules I through V of Article 2 of this chapter [the Alabama Uniform
Controlled Substance Act].
CONVICTION
An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of
an offense against the laws of this state, any other state or territory, the United States, or
a foreign nation recognized by the United States. The term shall include the adjudication
or plea of a juvenile to the commission of an act which if committed by an adult would
constitute a crime under the laws of this state. [§ 13A-10-190(2)]
A verdic t or finding of guilt as the result of a trial, a plea of guilty, a plea of nolo
contendere, or an Alford plea regardless of whether adjudication was withheld. Conviction
includes, but is not limited to, a conviction in a United States territory, a convict ion in a
federal or military tribunal, including a court martial conducted by the Armed Forces of the
United States, a conviction for an offense committed on an Indian reservation or other
federal property, a conviction in any state of the United States or a conviction in a foreign
country if the foreign country's judicial system is such that it satisfies minimum due
process set forth in the guidelines under Section 111(5)(B) of Public Law 109-248. Cases
on appeal are deemed convictions until reversed or overturned. [§ 15-20A-4(4)]
For the purpose of this sections, the term conviction or adjudication shall mean a final
conviction or adjudications, regardless of whether the conviction or adjudication is on
appeal. [§ 15-20A-40(g)]
COPY
A facsimile, replica, photograph, or other reproduction of an article or a note, drawing,
or sketch made of or from an article. [§ 13A-8-10.4(a)(2)]
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts over a period of time which
evidences a continuity of purpose. [§ 13A-6-92(a)]
CREDIBLE THREAT
A threat, expressed or implied, made with the intent and the apparent ability to carry
out the threat so as to cause the person who is the target of the threat to fear for his or
her safety or the safety of a family member and to cause reasonable mental anxiety,
anguish, or fear. [§ 13A-6-92(b)]
See “Threat” below.
CREDIT CARD
“Credit card” means any instrument or device, including a card to obtain
telecommunication services, whether known as a credit card, credit plate, bank service
card, banking card, check guarantee card, welfare card, a card used to facilitate the
transfer of government benefits such as an electronic benefit transfer card (EBT card) or
similar card, or a debit card, or by any other name, including an account number, issued
with or without fee by an issuer for the use of the cardholder in obtaining money, goods,
services, or anything else of value, including telecommunication services, on credit or for
use in an automated banking device to obtain any of the services offered through the
device. [§ 13A-9-14(c)]
Any instrument or device, whether known as a credit card, credit plate, b ank service
card, banking card, check guarantee card, or debit card or by any other name, including
an account number, issued with or without fee by an issuer for the use of the cardholder
in obtaining money, goods, services, or anything else of value on c redit or for use in an
automated banking device to obtain any of the services offered through the device.
[§ 13A-9-14.1(a)(4)]
CREDIT CARD TRANSACTION RECORD
Credit card slips, electronically recorded information or other documentation or
evidence evidencing a transaction involving a credit card. [§ 13A-9-14.1(a)(3)]
CRIME
A misdemeanor or a felony. [§ 13A-2-1(4)]
CRIME OF VIOLENCE
Any of the following crimes or an attempt to commit any of them, namely, murder,
manslaughter, (except ma nslaughter arising out of the operation of a vehicle), rape,
mayhem, assault with intent to rob, assault with intent to ravish, assault with intent to
murder, robbery, burglary, and kidnapping. “Crime of violence” shall also mean any Class
A felony or any Class B felony that has as an element serious physical injury, the
distribution or manufacture of a controlled substance, or is of a sexual nature involving a
child under the age of 12. [§ 13A-11-70(2).]
CRIMINAL ASSISTANCE
For the purposes of Sections 13A -10-43 through 13A -10-45, a person renders
“criminal assistance” to another if he:
(1) Harbors or conceals such person;
(2) Warns such person of impending discovery or apprehension; except that this
subdivision does not apply to a warning given in connection with an effort to
bring another into compliance with the law;
(3) Provides such person with money, transportation, weap on, disguise or other
means of avoiding discovery or apprehension;
(4) Prevents or obstructs, by means of force, deception or intimidation, anyone
except a trespasser from performing an act that might aid in the discovery or
apprehension of such person; or
(5) Suppresses, by an act of concealment, alteration or destruction, any physical
evidence that might aid in the discovery or apprehension of such person. [§
13A-10-42]
CRIMINAL HOMICIDE
Murder, manslaughter, or criminally negligent homicide. [§ 13A-6-1(a)(1)]
CRIMINAL NEGLIGENCE
A person acts with criminal negligence with respect to a result or to a circumstance
which is defined by statute as an offense when he fails to perceive a substantial and
unjustifiable risk that the result will occur or that the circumstance exists. The risk must
be of such nature and degree that the failure to perceive it constitutes a gross deviation
from the standard of care that a reasonable person would observe in the situation. A court
or jury may consider statutes or ordinances regulating the defendant's conduct as bearing
upon the question of criminal negligence. [§ 13A-2-2(4).]
Crops
Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation
or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock,
floral products, or aesthetic beauty. [§ 13A-11-152(4).]
CRUEL
The word “cruel” as used in this article shall mean: Every act, omission, or neglect,
including abandonment, where unnecessary or unjustifiable pain or suffering, including
abandonment, is caused or where unnecessary pain or suffering is allowed to continu e.
[§ 13A-11-240(b)]
CULPABLE MENTAL STATE.
Such term means “intentionally” or “knowingly” or “recklessly” or with “criminal
negligence,” as these terms are defined in Section 13A-2-2. [§ 13A-2-1(6)]
CUSTODIAN
A custodian is a child's father or mother, whether biological or adoptive, a child's
legally appointed guardian, or the spouse of a child's father, mother, or legally
appointed guardian. In the case where only one parent has legal custody, the term
means the parent with legal custody or his/her spouse. [13A-13-8(b)(3)]
CUSTODY
A restraint or detention by a public servant pursuant to a lawful arrest, conviction or
order of court, but does not include mere supervision of probation or parole, or constraint
incidental to release on bail. [§ 13A-10-30(b) (1)]
-D-
DANGEROUS DRUG
“Dangerous drug” in subdivision (a)(7) of this section means any narcotic, drug or
controlled substance as defined in Chapter 2 of Title 20 of this Code and any schedule
incorporated therein. [§ 13A-11-9(d)]
DANGEROUS INSTRUMENT
Any instrument, article, or substance which, under the circumstances in which it is
used, attempted to be used, or threatened to be used, is highly capable of causing death
or serious physical injury. The term includes a “vehicle,” as that term is defined in
subdivision (15). [§ 13A-1-2(5).]
DATA
A representation of information, knowledge, facts, concepts, or instructions, which are
prepared and are intended for use in a computer, computer system, or computer network.
Data may be in any form, in storage media, or as stored in the memory of the computer
or in transit. [§ 13A-8-111(9)]
DEADLY PHYSICAL FORCE
Physical force which, under the circumstances in which it is used, is readily capable
of causing death or serious physical injury. [§ 13A-1-2(6)]
Force which, under the circumstances in which it is used, is readily capable of causing
death or serious physical injury. [§ 13A-3-20(2).]
DEADLY WEAPON
A firearm or anything manifestly designed, made, or adapted for the purposes of
inflicting death or serious physical injury. The term includes, but is not limited to, a pistol,
rifle, or shotgun; or a switch -blade knife, gravity knife, stiletto, sword, or dagger; or any
billy, black-jack, bludgeon, or metal knuckles. [§ 13A-1-2(7)]
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. [§ 13A-11-72(j)]
DEBIT CARD
“Debit card” means any instrument or writing or other evidence known by any name
issued with or without fee by an issuer for the use of a depositor in obtaining money,
goods, services, or anythin g else of value, payment of which is made against funds
previously deposited in an account with the issuer. [§ 13A-9-14(d)]
DECEPTION
Any of the following:
a. Creating or confirming an impression of any existing fact or past event which is
false and which the accused knows or believes to be false.
b. Exerting financial control over the person or another person by placing the
person or another person under the actor's control as a security or payment of
a debt, if the value of the services as reasonably assessed is not applied toward
the liquidation of the debt or the length and nature of those services are not
respectively limited and defined or the principal a mount of the debt does not
reasonably reflect the value of the items or services for which debt was incurred
or by preventing a person from acquiring information pertinent to the disposition
of the debt, referenced in this paragraph.
c. Promising benefits or the performance of services which the accused does not
intend to be delivered. Evidence of failure to deliver benefits or perform services
standing alone shall not be sufficient to authorize a conviction under this article.
d. Using any scheme, plan, or pattern, whether overt or subtle, intended to cause
any person to believe that, if the person did not perform such labor, services,
acts, or performances, the person or another person would suffer physical
injury or mental suffering. [§ 13A-6-151(2).]
Deception occurs when a person knowingly:
a. Creates or confirms another's impression which is false and which the
defendant does not believe to be true.
b. Fails to correct a false impression which the defendant previously has created
or confirmed.
c. Fails to correct a false impression when the defendant is under a duty to do so.
d. Prevents another from acquiring information pertinent to the disposition of the
property involved.
e. Sells or otherwise transfers or encumbers property, failing to disclose a lien,
adverse claim, or other legal impediment to the enjoyment of the property,
whether that impediment is or is not valid, or is not a matter of official record.
f. Promises performance which the defendant does not intend to perform or
knows will not be performed. [13A-6-191(2)]
Deception occurs when a person knowingly:
a. Creates or confirms another's impression which is false and which the
defendant does not believe to be true; or
b. Fails to correct a false impression which the defendant previously has created
or confirmed; or
c. Fails to correct a false impression when the defendant is under a duty to do so;
or
d. Prevents another from acquiring information pertinent to the disposition of the
property involved; or
e. Sells or otherwi se transfers or encumbers property, failing to disclose a lien,
adverse claim, or other legal impediment to the enjoyment of the property when
the defendant is under a duty to do so, whether that impediment is or is not
valid, or is not a matter of official record; or
f. Promises performance which the defendant does not intend to perform or
knows will not be performed. Failure to perform, standing alone, however, is
not proof that the defendant did not intend to perform.
The term “deception” does not, ho wever, include falsity as to matters having no
pecuniary significance, or puffing by statements unlikely to deceive ordinary persons.
“Puffing” means an exaggerated commendation of wares or services. [§ 13A-8-1(1)]
The definition of “deception” in Section 13A-8-1(1) applies to this section also. [§ 13A-
9-11(b)]
DELINQUENT
A delinquent child is a child who has been adjudicated for a delinquent act and is in
need of care or rehabilitation. [12-15-102(7)]
DELINQUENT ACT
A delinquent act is an act committed by a child that is designated a violation,
misdemeanor, or felony offense pursuant to the law of the municipality, county, or state
in which the act was committed or pursuant to federal law. This term shall not apply to
any of the following:
A. An offense when committed by a child 16 or 17 years of age as follows:
(1) A nonfelony traffic offense or water safety offense other than one
charged pursuant to Section 32 -5A-191 or 32 -5A-191.3 or a
municipal ordinance prohibiting the same conduct.
(2) A capital offense.
(3) A Class A felony.
(4) A felony which has as an element the use of a deadly weapon.
(5) A felony which has as an element the causing of death or serious
physical injury.
(6) A felony which has as an element the use of a dangerous instrument
against any person who is one of the following:
(i) A law enforcement officer or official.
(ii) A correctional officer or official.
(iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official.
(v) A district attorney or other prosecuting officer or official.
(vi) A judge or judicial official.
(vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness in any legal
proceeding of whatever nature when the offense stems from,
is caused by, or is related to the role of the person as a juror,
grand juror, or witness.
(ix) A teacher, principal, or employee of the public education
system of Alabama.
(7) Trafficking in drugs in violation of Section 13A -12-231, or as the
same may be amended.
(8) Any lesser included offense of the offenses in subparagraphs 1 to 7,
inclusive, charged or any lesser felony offense charged arising from
the same facts and circumstances and committed at the same time
as the offenses listed in subparagraphs 1 to 7, inclusive.
B. Any criminal act, offense, or violation committed by a child under the age of
18 years who has been previously convicted or adjudicated a youthful
offender. [§ 12-15-102(6)]
DELIVERY
The definition of “delivery” in Section 7 -1-201(14) [sic] applies to this section and
Sections 13A-9-13.2 and 13A-9-13.3. [§ 13A-9-13.1(f)]
Note: Reference should be to § 7-1-201(15).
“Delivery,” with respect to an instrument, document of title, or chattel paper, means
voluntary transfer of possession. § 7-1-201(15)]
DELIVERY CONTAINER
A truck, railroad car, barge or any other means or device by which coal is delivered
to the purchaser. [13A-9-52(b)]
DELIVERY SALE
Any sale of cigarettes to a consumer within this state where either a. the purchaser
submits the order for such sale by means of a telephonic or other method of voice
transmission, the mails or any other delivery service, facsimile transmission, or the
Internet or other online service or b. the cigarette s are delivered by use of the mails or
other delivery service. A sale of cigarettes that meets the requirements of this subdivision
shall constitute a delivery sale regardless of whether the seller is located within or without
the state. [§ 13A-12-3.1(5)]
DELIVERY SALES STATUTES
Those provisions contained within Sections 13A-12-3.2, 13A-12-3.3, 13A-12-3.4, 13A-
12-3.5, 13A-12-3.6, and 13A-12-3.7.
[§ 13A-12-3.1(6)]
DELIVERY SERVICE
Any person, other than a person who makes a delivery sale, who delivers t o the
consumer the cigarettes sold in a delivery sale. [§ 13A-12-3.1(7)]
DEMONSTRATION
Demonstrating, picketing, speechmaking or marching, holding of vigils and all other
like forms of conduct which involve the communication or expression of views or
grievances engaged in by one or more persons, the conduct of which has the effect, intent
or propensity to draw a crowd or onlookers. Such term shall not include casual use of
property by visitors or tourists which does not have an intent or propensity to at tract a
crowd or onlookers. [§ 13A-11-59(a) (1)]
DEPARTMENT
The Alabama Department of Revenue. [§ 13A-12-3.1 (8)]
DEPRIVE
To “DEPRIVE ...” means:
a. To withhold property or cause it to be withheld from a person permanently or
for such period or under such circumstances that all or a portion of its use or
benefit would be lost to him or her; or
b. To dispose of the property so as to make it unlikely th at the owner would
recover it; or
c. To retain the property with intent to restore it to the owner only if the owner
purchases or leases it back, or pays a reward or other compensation for its
return; or
d. To sell, give, pledge, or otherwise transfer any interest in the property; or
e. To subject the property to the claim of a person other than the owner. [§ 13A-
8-1(2)]
DESTRUCTIVE DEVICE
The term destructive device means [read as appropriate]:
(A) any explosive, incendiary, or poison gas-
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one -
quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding
clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell which the
Attorney General finds is generally recognized as particularly suitable for
sporting purposes) by whatever name known which wi ll, or which may be
readily converted to, expel a projectile by the action of an explosive or other
propellant, and which has any barrel with a bore of more than one-half inch
in diameter; and
(C) any combination of parts either designed or intended for us e in converting
any device into any destructive device described in subparagraph (A) or (B)
and from which a destructive device may be readily assembled.
The term "destructive device" shall not include any device which is neither designed
nor redesigned for use as a weapon; any device, although originally designed for use as
a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety,
or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army
pursuant to the provisions of section 7684(2), 7685, or 7686 of title 10; or any other device
which the Attorney General finds is not likely to be used as a weapon, is an antique, or is
a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.
[18 U.S.C. § 921(a)(4), as amended effective Feb. 1, 2019.]
A destructive device is
a. An explosive, incendiary, or over -pressure device or poison gas which has
been configured as a bomb; a grenade; a rocket with a propellant charge of
more than four ounces; a missile having an explosive or incendiary charge of
more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any
other device which is substantially similar to these devices.
b. Any type of weapon by whatever na me known which will or may be readily
converted to expel a projectile by the action of an explosive or other propellant,
through a barrel which has a bore diameter of more than one -half inch in
diameter. The term shall not include a pistol, rifle, or shotg un suitable for
sporting or personal safety purposes or ammunition; a device which, although
originally designed for use as a weapon, is redesigned for use as a signaling,
pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance
sold, loaned, or given by authority of the appropriate official of the United States
Department of Defense.
c. A weapon of mass destruction.
d. A bacteriological weapon or biological weapon.
e. A combination of parts either designed or intended for u se in converting any
device into a destructive device as otherwise defined in this Act 2009-718.
f. Nothing in this section or Sections 13A -10-193.1, 13A-10-193.2, or 36-19-2.1
shall prohibit the manufacture, possession, or transfer of a destructive devi ce
legally obtained in accordance with the provisions of the National Firearms Act.
[§ 13A-10-190(3)]
DETENTION FACILITY
Any place used for the confinement, pursuant to law, of a person:
a. Charged with or convicted of a criminal offense; or
b. Charged with being or adjudicated a youthful offender, or a neglected minor or
juvenile delinquent; or
c. Held for extradition; or
d. Otherwise confined pursuant to an order of court. [§ 13A-10-30(b)(2)]
DETONATOR
A device containing a detonating charge that is used to initiate detonation in an
explosive, including, but not limited to, electric blasting caps, blasting caps f or use with
safety fuses, and detonating cord delay connectors. [§ 13A-10-190(4)]
DEVIATE SEXUAL INTERCOURSE
Any act of sexual gratification between persons not married to each other involving
the sex organs of one person and the mouth or anus of another. [§ 13A-6-60(2).]
As used in this section, deviant sexual intercourse means any act of sexual
gratification between persons not married to each other involving the sex organs of one
person and the mouth or anus of another. [§ 13A-6-81(c)]
“Deviate sexual intercourse” in subdivision (a)(3) of this section is defined as in
subdivision (2) of Section 13A-6-60. [§ 13A-11-9(c)]
DIRECTOR
The Director of the Alabama State Law Enforcement Agency. [§ 13A-10-190(5).]
DISCLOSURE LABEL
A printed or typed notice affixed to a container, in a conspicuous place and accessible
to the public, that is easily readable and legible that informs the public of the following:
a. The approximate annual percentage paid, if any, to any individual or
organization t o maintain, service, or collect the contributions raised by the
solicitation.
b. The net percentage or sum annually paid for the most recent calendar year
paid to the specific charitable purpose.
c. If the maintenance, service, and collection from the container is done by
volunteers or by paid individuals. [§ 13A-9-80(4)]
DISPLAY FOR SALE
To expose, place, exhibit, show, or in any fashion display any material for the purpose
of the sale of such material to any person in a manner that a minor can physically examine
or see the material. [§ 13A-12-200.1(5)]
DISPLAY PUBLICLY
The exposing, placing, posting, exhibiting or in any fashion displaying in any location,
whether public or private, an item in such a manner that it may be readily seen and its
content or character distinguished by normal unaided vision viewing it from a public
thorough-fare, depot or vehicle. [§ 13A-12-190(2)]
DISSEMINATE
To sell, lend or show for monetary consideration or to offer or agree to do the same.
[§ 13A-12-190(1)]
DISSEMINATE PUBLICLY
To expose, place, perform, exhibit, show or in any fashion display, in any location,
public or private, any material in a manner that the material can either be readily seen
and its content or character distinguished by normal unaided vision or be physically
examined, by viewing or examining the material from any public place or any place to
which members of the general public are invited. [§ 13A-12-200.1(6)]
DISTRIBUTE
The actual, constructive, or attempted transfer f rom one person to another. [§ 13A -
10-190)(6)]
To import, export, sell, rent, lend, transfer possession of or title to, display, exhibit,
show, present, provide, broadcast, transmit, retransmit, communicate by telephone, play,
orally communicate or perform. [§ 13A-12-200.1(7)]
DOG OR CAT
The words “dog or cat” as used in this article shall mean any domesticated member
of the dog or cat family. [§ 13A-11-240(c)]
DOMESTIC OR FAMILY ABUSE
For the purposes of Article 6, Chapter 3 of Title 30, the definition of “domestic or family
abuse” includes an incident of domestic violence in the first, second, or third degrees
pursuant to this article. [§ 13A-6-136]
DOMESTIC VIOLENCE PROTECTION ORDER
A domestic violence protection order is any protection from abuse order issued
pursuant to the Protection from Abuse Act, Sections 30 -5-1 to 30 -5-11, inclusive. The
term includes the following:
a. A restraining order, injunctive order, or order of release from custody which has
been issued in a circuit, district, municipal, or juvenile court in a domestic
relations or family violence case;
b. an order issued by municipal, district, or circuit court which places conditions
on the pre-trial release on defendants in criminal cases, including provisions of
bail pursuant to Section 15-13-190;
c. an order issued by another state or territory which may be enforced under
Sections 30 -5B-1 through 30 -5B-10. Restraining or protection orders not
issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11,
inclusive, must specify that a history of violence or abuse exists for the
provisions of this chapter to apply. [§ 13A-6-141(1)]
DRUG PARAPHERNALIA
As used in this section, the term “drug paraphernalia” means all equipment, products,
and materials of any kind which are used, intended for use, or designed for use, in
planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance in violation of the controlled substances laws of
this state. It includes but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating,
cultivating, growing, or harvesting of any species of plant which is a
controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
(3) Isomerization devices used, intended for use, or designed for use in
increasing the potency of any species of plant which is a controlled
substance;
(4) Testing equipment used, intended for use, or designed for use in identifying,
or in analyzing the str ength, effectiveness, or purity of controlled
substances;
(5) Scales and balances used, intended for use, or designed for use in weighing
or measuring controlled substances;
(6) Dilutants and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed for use
in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in
removing twigs and seeds from, or in otherwise cleaning or refining,
marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for
use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use,
or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in
storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or
designed for use in parenterally injecting controlled substances into the
human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling,
or otherwise introducing marihuana, tetrahydro cannabinols, cocaine,
hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or
without screens, permanent screens, hashish heads, or punctured metal
bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips: Meaning objects used to hold burning material, such as a
marihuana cigarette, that has become too small or too short to be held
in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers;
n. Glass tubes which are hollow, cylindrical items made of glass which are
smaller than three -quarters of an inch in diameter, short er than 12
inches in length, and which are not sealed with glass at both ends.
[§ 13A-12-260(a)]
DRUGS
All medicinal substances and preparations recognized by the United States
Pharmacopoeia and National Formulary, or any revision thereof, and all substances and
preparations intended for external and internal use in the cure, diagnosis, mitigation,
treatment, or prevention of disease and all substances and preparations other than food
intended to affect the structure or any function of the body. [§ 20-3-2-(4)]
All medical substances, preparations and devices recognized by the United States
Pharmacopoeia and National Formulary, or any revision thereof, and all substances and
preparations intended for external and internal use in the cure, diagnosis, mitigation,
treatment or prevention of disease in man or animal and all substances and preparations
other than food intended to affect the structure or any function of the body of man or
animal. [§ 27-45-2(12); § 34-23-1(5)]
DURING
The term as used in Section 13A-5-40(a) means in the course of or in connection with
the commission of, or in immediate flight from the commission of the underlying felony or
attempt thereof. [§ 13A-5-39(2)]
DWELLING
A building which is usually occupied by a person lodging therein at night, or a building
of any kind, including any attached balcony, whether the building is temporary or
permanent, mobile or immobile, which has a roof over it, and is designed to be occupied
by people lodging therein at night. [§ 13A-3-20(3)]
A building which is used or normally used by a person for sleeping, living, or lodging
therein. [§ 13A-7-1(2).]
-E-
EAVESDROP
To overhear, record, amplify or transmit any part of the private communication of
others without the consent of at least one of the persons engaged in the communication,
except as otherwise provided by law. [§ 13A-11-30(1)]
EDUCATIONAL INSTITUTION
A school, college, or other institution which has a defined curriculum, student body,
and faculty and which conducts classes on a regular basis. [§ 13A-9-70(6)]
ELDERLY PERSON
A person 60 years of age or older. [§ 13A-6-191(3)]
ELECTRONIC MAIL MESSAGE
A message sent to a unique destination that consists of a unique user name or mailbox
and a reference to an Internet domain, whether or not displayed, to which such message
can be sent or delivered. [§ 13A-8-111(10)]
EMERGENCY CALL
The term “emergency c all” means a telephone call to a police or fire department, or
for medical aid or ambulance service, necessitated by a situation in which human life or
property is in jeopardy and prompt summoning of aid is essential. [§ 13A-11-222.(c)]
The term “emergency call,” as defined in Section 13A -11-222, is incorporated in this
section. [§ 13A-11-223(c)]
EMOTIONAL ABUSE
The intentional or reckless infliction of emotional or mental anguish or the use of a
physical or chemical restraint, medication, or isolation as punishment or as a substitute
for treatment of care of an elderly person. [13A-6-191(4)]
EMPLOYMENT
Employment that is full -time, part -time, self -employment, or employment as an
independent contractor or day laborer for any period, whether financially compensated,
volunteered, or for the purpose of government or educational benefit. [§ 15-20A-4(5)]
ENTER OR REMAIN UNLAWFULLY
A person “enters or remains unlawfully” in or upon premises when he is not licensed,
invited or privileged to do so. A person who, regardless of his intent, enters or remains in
or upon premises which are at the time open to the public does so with license and
privilege unless he defies a lawful order not to enter or remain, personally communicated
to him by the owner of such premises or other authorized person. A license or privilege
to enter or remain in a building which is partly open to the public is not a license or privilege
to enter or remain in that part of the building which is not open to the public. A p erson
who enters or remains upon unimproved and apparently unused land, which is neither
fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with
license and privileges unless notice against trespass is personally communicated to him
by the owner of such land or other authorized person, or unless such notice is given by
posting in a conspicuous manner. [§ 13A-7-1(3)]
ENTERPRISE
“Enterprise” means any entity of one or more persons, corporate or otherwise,
engaged in business, commercial, professional, industrial, eleemosynary, political or
social activity. [§ 13A-9-45(b)]
ESTABLISHED A RESIDENCE
Notwithstanding any other provision of law regarding establishment of residence, an
adult sex offender shall be deemed to have established a residence in any of the following
circumstances:
(1) Wherever an adult sex offender resides for three or more consecutive days.
(2) Wherever an adult sex offender resides following release, regardless of
whether the adult sex offender resided at the same location prior to the time of
conviction.
(3) Whenever an adult sex offender spends 10 or more aggregate days at any
locations during a calendar month other than his or her registered address.
(4) Whenever an adult sex offender vacates his or her residence or fails to spend
three or more consecutive days at his or her residence without previously
notifying local law enforcement or obtaining a travel permit pursuant to Section
15-20A-15. [§ 15-20A-11(e)]
EXCEEDS AUTHORIZATION OF USE
Accessing a computer, computer network, or other digital device with actual or
perceived authorization, and using such access to obtain or alter information that the
accessor is not entitled to obtain or alter. [§ 13A-8-111(11)]
EXPIRED CREDIT CARD
A credit card which is no longer valid because the term shown on it has elapsed.
[§ 13A-9-14.1(a)(5)]
EXPLOSION
A rapid, sudden and violent expansion of air or relinquishment of energy with resultant
pressures that are capable of producing destructive effects on contiguous objects or of
destroying life or limb. “Explosion” includes, but is not limited to, a sudden a nd rapid
combustion, causing violent expansion of the air, or the sudden bursting or breaking up
or in pieces from an internal or other force. “Explosion” is not limited to cases caused by
combustion or fire, but it may result from decomposition or chemica l action. [§ 13A -7-
40(3)]
EXPLOSIVE
A chemical compound or other substance or mechanical system intended for the
purpose of producing an explosion capable of causing injury to persons or damage to
property or containing oxidizing and combustible units or other ingredients in proportions
or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce
an explosion capable of causing injury to persons or damage to property. The term
explosive shall not include common fireworks, model rockets, and model rocket engines
designed, sold, and used for the purpose of propelling recoverable aero models, or toy
pistol paper caps in which the explosive content does not average more than 0.25 grains
of explosive mixture per paper cap for t oy pistols, toy cannons, toy canes, toy guns, or
other devices using paper caps unless the devices are used as a component of a
destructive device. [§ 13A-10-190(7)]
Note: Specific explosives specified in § 13A-10-191.
EXPLOSIVE ORDNANCE DISPOSAL TECHNICIAN OR EOD TECHNICIAN.
a. A law enforcement officer, fire official, emergency management official, or an
employee of this state or its political subdivisions or an authority of the state or
a political subdivision who is currently accredit ed by the Federal Bureau of
Investigation's Hazardous Devices School, or members of the Alabama
National Guard who are qualified and trained as explosive ordnance disposal
technicians under the appropriate laws and regulations when acting in the
performance of their official duties.
b. An official or employee of the United States, including, but not limited to, a
member of the Armed Forces of the United States, who is qualified as an
explosive ordnance disposal technician under the appropriate laws and
regulations when acting in the performance of his or her official duties. [§ 13A-
10-190(8)
EXPLOSIVES AND EXPLOSION
The terms shall have the meanings provided in Section 13A-7-40(2) and (3). [§ 13A-
5-39(3)]
Note: § 13A-7-40(2). EXPLOSIVES. Any chemical compound or mechanical mixture
that is commonly used or intended for the purpose of producing an explosion and
which contains any oxidizing and combustive units or other ingredients in such
proportions, quantities or packing that an ignition by fire, by friction, by concussion,
by detonator or by chemical action of any part of the compound or mixture may
cause a sudden generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects on contiguous objects or of
destroying life or limb.
Note: § 13A-7-40(3). EXPLOSION. A rapid, sudden and violent expansion of air or
relinquishment of energy with resultant pressures that are capable of producing
destructive effects on contiguous objects or of de stroying life or limb. “Explosion”
includes, but is not limited to, a sudden and rapid combustion, causing violent
expansion of the air, or the sudden bursting or breaking up or in pieces from an
internal or other force. “Explosion” is not limited to cases caused by combustion or
fire, but it may result from decomposition or chemical action.
EXPORT
To send or cause to be sent outside of the State of Alabama from inside the state.
[§ 13A-12-200.1(8)]
-F-
FALSELY ALTER
To “falsely alter” a written ins trument means to change, without lawful authority, a
written instrument, whether complete or incomplete, by means of erasure, obliteration,
deletion, addition or transportation of matter, or in any other manner, so that the
instrument so changed falsely ap pears or purports to be in all respects an authentic
creation of its ostensible maker or authorized by him. [§ 13A-9-1(6)]
FALSELY COMPLETE
To “falsely complete” a written instrument means to transform, by adding, inserting or
changing matter, an incomplete written instrument into a complete one, without lawful
authority, so that the completed written instrument falsely appears or purports to be in all
respects an authentic creation of its ostensible maker or authorized by him. [§ 13A -9-
1(5)]
FALSELY MAKE
To “falsely make” a written instrument means to make or draw a complete written
instrument in its entirety, or an incomplete written instrument, which purports to be
authentic creation of its ostensible maker, but which is not either because the ostensible
maker is fictitious or because, if real, he did not authorize the making or drawing thereof.
[§ 13A-9-1(4)]
FELONY
An offense for which a sentence to a term of imprisonment in excess of one year is
authorized by this title. [§ 13A-1-2(8)]
An offense punishable by imprisonment for a term of one year or more, and includes
conviction by a court -martial under the Uniform Code of Military Justice for an offense
which would constitute a felony under the laws of the United States. A conviction of an
offense under the laws of a foreign nation shall be considered a felony for the purposes
of this article if the conduct giving rise to the conviction would have constituted a felony
under the laws of this state or of the United States if committed w ithin the jurisdiction of
this state or the United States at the time of the conduct. [§ 13A-10-190(9).]
FEMALE
Any female person. [§ 13A-6-60(4)]
FERROUS METALS
Any metals containing significant quantities of iron or steel, excluding motor vehicles
purchased in accordance with Section 32-8-87. [§ 13A-8-30(1)]
FIDUCIARY
“Fiduciary” includes a trustee, guardian, executor, administrator, receiver or any other
person acting in a fiduciary capacity, or any person carrying on fiduciary function s on
behalf of a corporation or other organization which is a fiduciary. [§ 13A-9-51(b)]
FIFTH WHEEL
Coupling between a trailer and a vehicle used for towing. [§ 13A-8-1(3)]
FINANCIAL EXPLOITATION
The use of deception, intimidation, undue influence, force, or threat of force to obtain
or exert unauthorized control over an elderly person’s property with the intent to deprive
the elderly person of his/her property or the breach of a fiduciary duty to an elderly person
by the person’s guardian, conservator, or agent under a power of attorney which results
in an unauthorized appropriation, sale, or transfer of the elderly person’s property.
[§ 13A-6-191(5)]
FINANCIAL INSTITUTION
A bank, insurance company, credit union, safety deposit company, savings and loan
association, investment trust, or other organization held out to the public as a place of
deposit of funds or medium of savings or collective investment. [§ 13A-8-1(4)]
FINANCIAL INSTRUMENT
Includes, but is not limited to, any check, cashier's check, draft, warrant, money order,
certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit or debit
card, transaction authorization mechanism, marketable security, or any computer system
representation thereof. [§ 13A-8-111(12)]
FIREARM
A weapon from which a shot is discharged by gunpowder. [§ 13A-8-1(5)]
Any pistol, rifle, shotgun or firearm of any kind, whether loaded or not. [§ 13A -11-
59(2)]
Definition is same as provided in Section 13A-8-1(4). [§ 13A-11-62(1)]
FIREFIGHTER
A firefighter is a member or members of a paid or volunteer fire department of a city,
town, county, or other subdivision of the state or of a public corporation organized for the
purpose of providing water, water systems, fire protection services, or fire protection
facilities in the state; and shall include the chief, assistant chief, wardens, engineers,
captains, firefighters, and all other officers and employees of such departments who
actually engage in firefighting or in rendering first aid in case of drownings or asphyxiation
at the scene of action. [13A-11-260(2); 36-30-1(a)(5)]
FIXED RESIDENCE
A building or structure, having a physical address or street number, that adequately
provides shelter at which a person resides. [§ 15-20A-4(6)]
FOOD STAMP AUTHORIZATION CARD
A document issued by the state agency to an eligible household which shows the total
value of coupons the household is authorized to receive during each month pursuant to
the provisions of the Food Stamp Act of 1977. [§ 13A-9-90(2)]
FOOD STAMP COUPON
Any coupon, stamp or type of certificate issued pursuant to the provisions of the Food
Stamp Act of 1977. [§ 13A-9-90(1)]
FOR ANY THING OF PECUNIARY VALUE
In exchange for, in return for, or for any consideration consisting of, whether wholly or
partly:
a. Any money, negotiable instrument, debt, credit, chose in action, interest in
wealth, or any other property whether real or personal, tangible or intangib le;
or
b. Any offer or agreement to pay, furnish or provide any money, negotiable
instrument, debt, credit, chose in action, interest in wealth, or any other property
whether real or personal, tangible or intangible. [§ 13A-12-200.1(9)]
FORCE
Physical action or threat against another, including confinement. [§ 13A-3-20(4)]
FORCIBLE COMPULSION
Physical force that overcomes earnest resistance or a threat, express or implied, that
places a person in fear of immediate death or serious physical injury to himself or another
person. [§ 13A-6-60(8)]
FORGED INSTRUMENT
A written instrument which has been falsely made, completed or altered. [§ 13A -9-
1(7)]
FOSTER CHILD
A Foster Child is any person under 19 years of age, a person under the continuing
jurisdiction of the juvenile court pursuant to §12-15-32, or a person under 21 years of age
in foster care as defined by the Department of Human Resources. [Alabama Department
of Human Resources, Social Services Division, Administrative Code, Chapter 660-5-
29.1(c)(1)]
FOSTER PARENT
A Foster Parent is an individual approved or licensed by the Department of Human
Resources or other child placing agencies who provides care and supervision to a foster
child under the temporary or permanent custody of the department. [§ 13A-6-71(e)]
-G-
GAIN
As used in this section, “gain” means the amount of money or the value of property
derived from the commission of the crime, less the amount of money or the value of
property returned to the victim of the crime or seized or surrendered to lawful authority
prior to the time sentence is imposed. “Value” shall be determined by the standards
established in subdivision (14) of Section 13A-8-1. [§ 13A-5-11(b).]
Note: 13A-8-1(14) VALUE. The market value of the property at the time and place
of the criminal act.
Whether or not they have been issued or delivered, certain written instruments, not
including those having a readily ascertainable market value such as some public
and corporate bonds and securities shall be evaluated as follows:
a. The value of an instrument constituting an evidence of debt, such as a
check, draft, or promissory note, shall be deemed the amount due or
collectible thereon or thereby, that figure ordinarily being the face amount
of the indebtedness less any portion thereof which has been satisfied.
b. The value of any other instrument that creates, releases, discharges, or
otherwise affects any valuable legal right, privilege, or obligation shall be
deemed the greatest amount of economic loss which the owner of the
instrument might reasonably suffer by virtue of the loss of the instrument.
When the value of property cannot be ascertained pursuant to the standards set
forth above, its value shall be deemed to be an amount not exceeding five hundred
dollars ($500).
GAMBLING
A person engages in gambling if he stakes or risks something of value upon the
outcome of a contest of chance or a future contingent event not under his control or
influence, upon an agreement or understanding that he or someone else will receive
something of value in the event of a certain outcome. Gambling does not include bona
fide business transactions valid under the law of contracts, including but not limited to
contracts for the purchase or sale at a future date of securities or commodities, and
agreements to compensate for loss caused by the happening of chance, including but not
limited to contracts of indemnity or guaranty and life, health or accident insurance.
[§ 13A-12-20(4)]
GAMBLING DEVICE
Any device, machine, paraphernalia or equipment th at is normally used or usable in
the playing phases of any gambling activity, whether that activity consists of gambling
between persons or gambling by a person involving the playing of a machine. However,
lottery tickets, policy slips and other items used in the playing phases of lottery and policy
schemes are not gambling devices within this definition. [§ 13A-12-20(5)]
GENITAL NUDITY
The lewd showing of the genitals or pubic area. [§ 13A-12-190(11).]
The showing of the human male or female genitals or pubic area. [§ 13A -12-
200.1(10).]
GOVERNMENT
The United States, any state or any county, municipality, or other political unit within
territory belonging to the United States, or any department, agency, or subdivision of any
of the foregoing , or any corporation or other association carrying out the functions of
government, or any corporation or agency formed pursuant to interstate compact or
international treaty.
As used in this definition “state” includes any state, territory, or possessio n of the
United States, the District of Columbia, and the Commonwealth of Puerto Rico. [§ 13A-
8-1(6)]
Such term is defined as in Section 13A-8-1(6). [§ 13A-9-1(11)]
The state, county, municipality, or other political subdivision thereof, including public,
county and city boards of education, the youth services department district, the Alabama
Institute for Deaf and Blind, and all educational institutions under the auspices of the State
Board of Education. [§ 13A-10-1(2).]
GOVERNMENTAL FUNCTION
Any activity which a public servant is legally authorized to undertake on behalf of a
government or the fire control activities of a member of a volunteer fire department.
[§ 13A-10-1. (3)]
GOVERNMENTAL RECORD
Any record, paper, d ocument, or thing belonging to, or received or kept by, the
government for information or record, or required by law to be kept by others for
information of the government. Any educational attendance, membership, or financial
report, or a student's school transcript. [§ 13A-10-1(4)]
GOVERNMENT-ISSUED IDENTIFICATION
A state driver's license, state identification card, passport, a military identification, or
an official naturalization or immigration document, including an alien registration recipient
card or green card, or an immigrant visa. [§ 13A-12-3.1(9)]
GUARDIAN
A guardian is a person who has qualified as a guardian of a minor or incapacitated
person pursuant to parental or spousal nomination or court appointment and includes a
limited guardian as described in Sections 26 -2A-78(e) and 26 -2A-105(c), but excludes
one who is merely a guardian ad litem. [13A-13-8(b)(4) and 26-2A-20(7)]
-H-
HABITUALLY LIVES
Where a person lives with some regularity on an intermittent or temporary basis.
[§ 15-20A-4(7)]
HANDLER
A peace officer, firefighter, search and rescue person, or other specifically trained
individual who uses a police animal or search and rescue animal in the performance of
his/her duties. [13A-11-260(2)]
HARASSES
Engages in an intentional course of conduct directed at a specified person which
alarms or annoys that person, or interferes with the freedom of movement of that person,
and which serves no legitimate purpose. The course of conduct must be such as would
cause a reasonable person to suffer substantial emotional distress, and must actually
cause substantial emotional distress. Constitutionally protected conduct is not included
within the definition of this term. [§ 13A-6-92(c)]
HARM
Partial or total alteration, damage, or erasure of stored data, interruption of computer
services, introduction of a virus, or any other loss, disadvantage, or injury that might
reasonably be suffered as a result of the actor's conduct. [§ 13A-8-111(13)]
Harm” means loss, disadvantage or injury to the person affected or to any other person
in whose welfare he is interested. [§ 13A-10-80(b)]
HARMFUL TO MINORS
The term means:
a. The average person, applying contemporary community standards, would find
that the material, taken as a whole, appeals to the prurient interest of minors;
and
b. The material depicts or describes sexual conduct, breast nudity or genital
nudity, in a way which is patently offensive to prevailing standards in the adult
community with respect to what is suitable for minors; and
c. A reasonable person would find that the material, taken as a whole, lacks
serious literary, artistic, political or scientific value for minors. [§ 13A -12-
200.1(11)]
HOAX DEVICE OR REPLICA
A device or article which has the appearance of a destructive device or bacteriological
or biological weapon. [§ 13A-10-190(10)]
Hog
As used in this section, the term “hog” shall mean a pig, swine, or boar. [§ 13A -12-
6(a)]
HOME REPAIR
a. The repairing, replacing, altering, or the construction or renovation of an
addition to a building on real property which is or will be primarily used as a
residence.
b. Home repair shall include: The construction, installation, replacement,
repairing, or renovation of driveways, swimming pools, porches, kitchens,
chimneys, chimney liners, garages, fences, fallout shelters, central air
conditioning, central heating, boilers, furnaces, hot water heaters, electrical
wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, roofs,
insulation, and other improvements to structures within the residence or upon
the real property adjacent thereto.
c. Home repair shall not include: The sale, installation, cleaning, or repair of
carpets; the sale of goods or materials by a merchant who does not directly or
through a subsidiary perform any work or labor in connection with the
installation or application of the goods or materials; the repair, installation,
replacement, or connection of any home appliance including, but not limited to,
disposals, refrigerators, ranges, garage door openers, television cables,
antennas or dishes, washing machines, telephones, or other home appliances
when the person replacing, installing, repairing, or connecting such home
appliance is an employee or agent of the merchant that sold the home
appliance; the performance of repairs to a manufactured home or a mobile
home pursuant to a manufacturer's or retailer's warranty or service agreement;
or landscaping.
d. Home repair sha ll not include home repair made by not -for-profit charitable
organizations. [§ 13A-9-110(1)]
HOMELESS
A person who has no fixed residence. [§ 15-20A-4(8)]
HOMICIDE
A person commits criminal homicide if he intentionally, knowingly, recklessly or with
criminal negligence causes the death of another person. [§ 13A-6-1(a)(2)]
Hospital
General and specialized hospitals, including ancillary services; independent clinical
laboratories; rehabilitation centers; ambulatory surgical treatment facilities for patients not
requiring hospitalization; end stage renal disease treatment and transplant centers,
including free -standing hemodialysis units; abortion or reproductive health centers;
hospices; health maintenance organizations; and other re lated health care institutions
when such institution is primarily engaged in offering to the public generally, facilities and
services for the diagnosis and/or treatment of injury, deformity, disease, surgical or
obstetrical care. Also included within the term are long term care facilities such as, but
not limited to, skilled nursing facilities, intermediate care facilities, assisted living facilities,
and specialty care assisted living facilities rising to the level of intermediate care. The
term “hospitals” relates to health care institutions and shall not include the private offices
of physicians or dentists, whether in individual, group, professional corporation or
professional association practice. This section shall not apply to county or district heal th
departments. [§ 22-21-20(1)
-I-
IDENTIFICATION DOCUMENT
Any document containing data that is issued to an individual and which that individual,
and only that individual, uses alone or in conjunction with any other information for the
primary purpose of establishing his or her identity or accessing his or her fi nancial
information or benefits. Identification documents specifically include, but are not limited
to, the following:
a. Government issued driver's licenses or identification cards.
b. Payment cards such as credit cards, debit cards, and ATM cards.
c. Passports.
d. Health insurance or benefit cards.
e. Identification cards issued by educational institutions.
f. Identification cards for employees or contractors.
g. Benefit cards issued in conjunction with any government supported aid
program.
h. Library cards issued by any public library. [§ 13A-8-111(14)]
IDENTIFICATION DOCUMENTS
Any papers, cards, or other documents issued by federal, state, or local governmental
authorities that are used specifically to identify a person. Identification documents include,
but are not limited to, driver's licenses, military identification cards, passports, birth
certificates, Social Security cards, and other government-issued identification cards.
[§ 13A-8-191(1)]
IDENTIFYING INFORMATION
Specific details that can be used to access a person's financial accounts, obtain
identification, or to obtain goods or services, including, but not limited to:
a. Social Security number.
b. Driver's license number.
c. Bank account number.
d. Credit card or debit card number.
e. Personal identification number (PIN).
f. Automated or electronic signature.
g. Unique biometric data.
h. Account password. [§ 13A-8-111(15)]
Any information, used either alone or in conj unction with other informat ion, that
specifically identifies a person or a person's property, and includes, but is not limited to,
any of the following information related to a person:
a. Name.
b. Date of birth.
c. Social Security number.
d. Driver's license number.
e. Financial services account numbers, including checking and savings accounts.
f. Credit or debit card numbers.
g. Personal identification numbers (PIN).
h. Electronic identification codes.
i. Automated or electronic signatures.
j. Biometric data.
k. Fingerprints.
l. Passwords.
m. Parent's legal surname prior to marriage.
n. Any other numbers or information that can be used to access a person's
financial resources, obtain identification, act as identification, or obtain goods
or services. [§ 13A-8-191(2)]
IMMEDIATE FAMILY MEMBER
A grandparent, parent, sibling, spouse, child of any age by blood, adoption, or
marriage, or grandchild. [§ 15-20A-4(9)]
IMMEDIATELY
Within three business days. [§ 15-20A-4(10)]
IMMINENT DANGER
Any person in violation of this section shall be guilty of a Class B felony if the damage
or destruction causes imminent danger to the health and safety of the public, a metal
owner's employees, first responders, law enforcement officers, or utility workers, or cause
an interruption in communications services or electric utility services. For purposes of this
subsection, “imminent danger” means the existence of any condition that could hinder or
disrupt the normal operation of equipment, systems, or service s provided for the health
and safety of the public, metal owner's employees, first responders, law enforcement
officers, or utility workers or cause an interruption in communications services or electric
utility services. [§ 13A-8-36(c)]
IMPORT
To bring or cause to be brought into the State of Alabama from outside of the state.
[§ 13A-12-200.1(12)]
IMPORTUNE
To urge persistently. [See instruction for 13A-4-1, Criminal Solicitation.]
IN THE COURSE OF COMMITTING A THEFT
“In the course of committing a theft” embraces acts which occur in an attempt to
commit or the commission of theft, or in immediate flight after the attempt or commission.
[§ 13A-8-40(b)]
INCAPABLE OF CONSENT
A person is deemed incapable of consent if he is:
(1) Less than 16 years old; or
(2) Mentally defective; or
(3) Mentally incapacitated; or
(4) Physically helpless. [§ 13A-6-70(c)]
INCENDIARY
A flammable or combustible liquid or compound with a flash point of 1 00 degrees
Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including,
but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances. [§ 13A-
10-190(11)]
INCLUDED OFFENSE
A defendant may be convicted of an offense included in an offense charged. An
offense is an included one if:
(1) It is established by proof of the same or fewer than all the facts required to
establish the commission of the offense charged; or
(2) It consists of an attempt or solicitation to commit the offen se charged or to
commit a lesser included offense; or
(3) It is specifically designated by statute as a lesser degree of the offense
charged; or
(4) It differs from the offense charged only in the respect that a less serious injury
or risk of injury to the same person, property or public interests, or a lesser kind
of culpability suffices to establish its commission. [§ 13A-1-9(a)]
INCOMPLETE WRITTEN INSTRUMENT
One which contains some matter by way of content or authentication, but which
requires additional matter in order to render it a complete written instrument. [§ 13A -9-
1(3)]
INNOCENT PERSON
As used in this section, an “innocent person” includes any person who is not guilty of
the offense in question, despite his behavior, because of:
(1) Criminal irresponsibility or other legal incapacity or exemption.
(2) Unawareness of the criminal nature of the conduct in question or of the
defendant's criminal purpose.
(3) Any other factor precluding the mental state sufficient for the commission of the
offense in question. [§ 13A-2-22(b)]
INTEGRATED CIRCUIT CARD
Also known as a smart card or chip card, a pocket sized, plastic card with embedded
integrated circuits used for data storage or special purpose processing used to validate
personal identification numbers (PINs), authorize purchases, verify account balances and
store personal records. When inserted into a reader, it transfers data to and from a central
computer. [§ 13A-8-111(16)]
INTENT TO DEFRAUD
A purpose to use deception, as defined in Section 13A -8-1(1), or to injure another
person's interest which has value, as defined in Section 13A-8-1(14). [§ 13A-9-1(8)]
Note: § 13A-8-1(1) DECEPTION occurs when a person knowingly:
a. Creates or confirms another's impression which is false and which the
defendant does not believe to be true; or
b. Fails to correct a false impression which the defendant previously has created
or confirmed; or
c. Fails to correct a false impression when the defendant is under a duty to do so;
or
d. Prevents another from acquiring information pertinent to the disposition of the
property involved; or
e. Sells or otherwise transfers or encumbers property, failing to disclose a lien,
adverse claim, or other legal impediment to the enjoyment of the property when
the defendant is under a duty to do so, whether that impediment is or is not
valid, or is not a matter of official record; or
f. Promises performance which the defendant does not intend to perform o r
knows will not be performed. Failure to perform, standing alone, however, is
not proof that the defendant did not intend to perform.
The term “deception” does not, however, include falsity as to matters having no
pecuniary significance, or puffing by statements unlikely to deceive ordinary
persons. “Puffing” means an exaggerated commendation of wares or services.
Note: § 13A-8-1(14) VALUE. The market value of the property at the time and place
of the criminal act. Whether or not they have been issued or delivered, certain
written instruments, not including those having a readily ascertainable market
value such as some public and corporate bonds and securities shall be evaluated
as follows:
a. The value of an instrument constituting an evidence of debt, such as a check,
draft, or promissory note, shall be deemed the amount due or collectible
thereon or thereby, that figure ordinari ly being the face amount of the
indebtedness less any portion thereof which has been satisfied.
b. The value of any other instrument that creates, releases, discharges, or
otherwise affects any valuable legal right, privilege, or obligation shall be
deemed the greatest amount of economic loss which the owner of the
instrument might reasonably suffer by virtue of the loss of the instrument.
When the value of property cannot be ascertained pursuant to the standards set
forth above, its value shall be dee med to be an amount not exceeding five hundred
dollars ($500). Amounts involved in thefts committed pursuant to one scheme or
course of conduct, whether from the same person or several persons, may be
aggregated in determining the grade of the offense; provided, that only one conviction
may be had and only one sentence enforced for all thefts included in such aggregate.
INTENT TO INTIMIDATE
As used in this section, “intent to intimidate” means the intent to place a person or a
group of persons in fear of bodily harm. [§ 13A-6-28(b)]
INTENTIONALLY
A person acts intentionally with respect to a result or to conduct described by a statute
defining an offense, when his purpose is to cause that result or to engage in that conduct.
[§ 13A-2-2(1)]
INTIMIDATION
A threat of physical or emotional harm to an elderly person, or the communication to
an elderly person that he or she will be deprived of food and nutrition, shelter, property,
prescribed medication, or medical care or treatment. [§ 13A-6-191(6)]
INTOXICATION
“Intoxication” includes a disturbance of mental or physical capacities resulting from
the introduction of any substance into the body. [§ 13A-3-2(e)(1)]
ISSUER
The business organization or financial institution, or its duly authorized agent, which
issues a credit card. § 13A-9-14.1(a)(6)]
-J-
JURAT
A clause wherein a notary public or other attesting officer authorized by law to
administer oaths in connection with affidavits, depositions and other subscribed written
instruments certifies that the subscriber has appeared before him and sworn to the truth
of the contents thereof. [§ 13A-10-100(6)]
JURISDICTION
Any state of the United States, any United States territory, the District of Columbia, or
any federally recognized Indian tribe. [§ 15-20A-4(11)]
JUROR
Any person who is a member of any jury, including a grand jury, impaneled by any
court of this state or by any public servant authorized by law to impanel a jury. The term
juror also includes any person who has been summoned or whose name has been drawn
to attend as a prospective juror. [§ 13A-10-120(b)(1)]
JUVENILE SEX OFFENDER
An individual who has not attained the age of 18 at the time of the offense and who is
adjudicated delinquent of a sex offense. [§ 15-20A-4(12)]
-K-
K-12 SCHOOL ACTIVITY
For the purposes of this subsection, a K-12 school activity is an activity sponsored by
a school in which students in grades K -12 are the primary intended participants or for
whom students in grades K -12 are the primary intended audience including, but not
limited to, school instructional time, after school care, after school tutoring, athletic events,
field trips, school plays, or assemblies. [§ 15-20A-17(b)(3)]
KNOWINGLY
A person acts knowingly with respect to conduct or to a circumstance described by a
statute defining an offense when he is aware that his conduct is of that nature or that the
circumstance exists. [§ 13A-2-2(2)]
A person knowingly disseminates or publicly displays obscene matter when the
person knows the nature of the matter. A person knows the nature of the matter when
either of the following circumstances exist:
a. The person is aware of the character and content of the matter; or
b. The person recklessly disregards circumstances suggesting the character and
content of the matter. [§ 13A-12-190(4)]
The term means knowingly, as defined by Section 13A -2-2(2), doing an act involving
a material when the person knows the nature of the material. [§ 13A-12-200.1(13)]
KNOWS THE NATURE OF THE MATERIAL
A person knows the nature of the material when any one of the following exists:
a. The person knows the nature of the material;
b. b. The person has reason to know the nature of the material;
c. c. The person has a belief or reasonable ground for belief as to the nature of
the material which warrants further inspection or inquiry of the character and
content of the material. [§ 13A-12-200.1(14)]
-L-
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. [§ 13A-6-151(3)]
LACK OF CONSENT
Lack of consent results from:
(1) Forcible compulsion; or
(2) Incapacity to consent: or
(3) If the offense charged is sexual abuse, any circumstances, in addition to
forcible compulsion or incapacity to consent, in which the victim does not
expressly or impliedly acquiesce in the actor’s conduct. [§ 13A-6-70(b).]
LAW ENFORCEMENT AGENCY
For the purposes of this section, the term law enforcement agency includes, but is
not limited to, the Board of Pardons and Paroles. [§ 15-20A-39(b)]
LAW ENFORCEMENT OFFICER
See also Peace Officer
A duly constituted and certified peace officer of the State of Alabama or of any county
or municipality within the state. [§ 13A-8-30(2)]
For purposes of this article, the term law enforcement officer shall mean any person
who has all of the following qualifications:
(1) He or she has the power to arrest pursuant to the laws of this state.
(2) He or she is certified by the Alabama Peace Officers and Standards Training
Commission.
(3) He or she is acting in his or her official capacity.
(4) He or she is not on strike or involved in a work stoppage.
(5) He or she is not on duty as a private security officer. [§ 13A-10-51(a)]
The same as defined in Section 13A-10-1. [§ 13A-10-132(a)(1).]
Note: § 13A-10-1, Obstruction of Public Administration, defines “PEACE OFFICER.
Any public servant vested by law with a duty to maintain public order or to make
arrests for crime, whether that duty extends to all crimes or is limited to specific
crimes.” That section contains no definition of “law enforcement officer.”
Any duly appointed and acting federal, state, county or municipal law enforcement
officer, peace officer or investigating officer, or any military or militia personnel called out
or directed by constituted authority to keep the law and order, and any park ranger while
acting as such on the grounds of a public park and who is on regular duty and present to
actively police and control the demonstration, and who is assigned this duty by his
department or agency. Such term does not include a peace officer on strike or a peace
officer not on duty. [§ 13A-11-59(a)(3)]
LAWFULLY ISSUED
Adopted, issued, or rendered in accordance with the applicable statutes, rules,
regulations, and ordinances of the United States, a state, an agency, or a political
subdivision of a state. [§ 13A-10-132(2)]
LEGALLY AUTHORIZED INSPECTION
For the purposes of this section, “legally authorized inspection” includes any lawful
search, sampling, testing or other examination of property, in connection with the
regulation of the defendant's business or occupation, that is authorized by law. [§ 13A -
10-3(b)]
LEGAL MINIMUM AGE
19 years of age. [§ 13A-12-3.1(10)]
LESSEE / LESSOR
The crime of theft by fraudulent leasing or rental of property is committed if a person,
herein called “lessee”, signs a written lease or rental contract with a person licensed to
rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title
40, herein called “lessor”, and obtains or exerts control over tangible personal property
by reason of such rental contract, with the intent, knowledge or expectation that he will
not perform the terms, covenants and agreements of the lessee provided in such rental
contract. [§ 13A-8-140]
LICENSED DEALER
A person who is licensed pursuant to 18 U.S.C. § 923 or Section 13A-11-79, to engage
in the business of dealing in firearms. [§ 13A-11-58.1(a)(2)]
LITTER
“Litter” means rubbish, refuse, waste material, garbage, dead animals or fowl, offal,
paper, glass, cans, bottles, trash, scrap metal, debris, or any foreign substance of
whatever kind and description, and whether or not it is of value. Any agricultural pr oduct
in its natural state that is unintentionally deposited on a public highway, road, street, or
public right-of-way shall not be deemed litter for purposes of this section or Section 32-5-
76. Any other law or ordinance to the contrary notwithstanding, t he unintentional
depositing of an agricultural product in its natural state on a public highway, road, street,
or right-of-way shall not constitute unlawful littering or any similarly prohibited activity.
[§ 13A-7-29(b)]
LIVING ACCOMMODATION
No adult se x offender shall establish or maintain a residence or any other living
accommodation with a minor. For the purpose of this subsection, living accommodation
includes, but is not limited to, any overnight visit with a minor. [§ 15-20A-11(d)]
LOCAL COMMUNITY
The judicial circuit in which the indictment is brought. [§ 13A-12-190(14)]
LOCAL LAW ENFORCEMENT
The sheriff of the county and the chief of police if the location subject to registration
is within the corporate limits of any municipality. [§ 15-20A-4(13)]
LOITER
Under this subsection, loiter means to enter or remain on property while having no
legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond
the time necessary to fulfill that purpose. [§ 15-20A-17(a)(2)]
LOST CHILD
A lost child is a child who is unable to find his or her way back to his or her
custodian. [§ 13A-13-8(b)(5)]
LOTTERY OR POLICY
An unlawful gambling scheme in which:
a. The players pay or agree to pay something of value for chances, represented
and differentiated by numbers or by combinations of numbers or by some other
medium, one or more of which chances are to be designated by the winning
ones; and
b. The winning chan ces are to be determined by a drawing or by some other
fortuitous method; and
c. The holders of the winning chances are to receive something of value. [§ 13A-
12-20(6)]
LOTTERY PARAPHERNALIA
Any transportation or conveyance within this state of any slip, ticket, card, paper,
writing, article, thing or other device or paraphernalia which is customarily or usually used
in the operation of a form or type of lottery commonly known as a numbers (or number)
game or policy game (herein called “lottery paraphernalia”) [§ 13A-12-70]
-M-
MAILS OR MAILING
The shipment of cigarettes through the United States Postal Service. [§ 13A -12-
3.1(11)]
MANUFACTURE OF AN UNLAWFUL TELECOMMUNICATION DEVICE
The production or assembly of an unlawful telecommunication d evice or the
modification, alteration, programming, or reprogramming of a telecommunication device
to be capable of acquiring or facilitating the acquisition of telecommunication service
without the consent of the telecommunication service provider. [§ 13A-8-150(1)]
MANUFACTURER
Every recorded device sold, rented or transferred for commercial advantage or private
financial gain, or possessed for the purpose of sale, rental or transfer by any
manufacturer, distributor or wholesale or retail merchant shall contain on its packaging
the true name and address of the manufacturer; provided, that the term “manufacturer”
shall not include the manufacturer of the cartridge or casing itself, but shall mean the
manufacturer of the actual recorded mater ial. The term “recorded device” means the
tangible medium upon which sounds or images are recorded or otherwise stored, and
includes any phonograph record, disc, wire, tape, videocassette, film, or other medium
now known or later developed on which sounds or images are recorded or otherwise
stored. [§ 13A-8-83]
MANUFACTURING
The process of combining two or more components necessary to produce a
destructive device, over -press device, explosive, detonator, or poison gas, with the
exception of commercially manufactured reactive targets used for recreational shooting
purposes, or manufactured under provisions set forth under a permit issued by the State
Fire Marshal. [§ 13A-10-190(12)]
MASTURBATION
Manipulation, by hand or instrument, of the human genitals, whether one's own or
another's for the purpose of sexual stimulation. [§ 13A-12-190(8)]
MATERIAL
A statement is “material,” regardless of the admissibility of the statement under the
rules of evidence, if it could have affected the course or outcome of the official proceeding.
It is no defense that the declarant mistakenly believed the falsification to be immaterial.
Whether a falsification is material in a given factual situation is a question of law. [§ 13A-
10-100(b)(2)]
Any book, magazine , newspaper, printed or written matter, writing, description,
picture, drawing, animation, photograph, motion picture, film, video tape, pictorial
representation, depiction, image, electrical or electronic reproduction, broadcast,
transmission, telephone c ommunication, sound recording, article, device, equipment,
matter, oral communication, live performance, or dance. [§ 13A-12-200.1(15)]
MATERIAL SUPPORT OR RESOURCES
Currency or other financial securities, financial services, lodging, training, safehouses,
false documentation or identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, and other physical assets,
except medicine or religious materials. [§ 13A-10-151(2)]
MATERIALLY FALSE INFORMATION
Information that portrays an illegal transaction as legal or a legal transaction as illegal.
[§ 13A-11-58.1(a)(3)]
MATTER
Any book, magazine, newspaper, or other printed material, or any picture, photograph,
motion picture, video cassette, tape, record, digital video disc (DVD), video compilation,
or electronic depiction in a comparable format, or an image, file, download, or other
content stored, or reproduced by using a computer or electronic device or other digital
storage, or any other thing, articles, or materials that either are or contain a photographic
or other visual depiction of a live act, performance, or event. [§ 13A-12-190(12)]
MEDICALLY PRESCRIBED
In accordance with a physician's prescription or in accordance with age -appropriate
directions for the over-the-counter medication. [§ 13A-6-29(a)(1)]
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. [§ 13A-6-151(4)]
MENTALLY DEFECTIVE
Such term means that a person suffers from a mental disease or defect which renders
him incapable of appraising the nature of his conduct. [§ 13A-6-60(5)]
MENTALLY INCAPACITATED
Such term means that a person is rendered temporarily incapable of appraising or
controlling his conduct owing to the influence of a narcotic or intoxicating substance
administered to him without his consent, or to any other incapacitating act committed
upon him without his consent. [§ 13A-6-60(6)]
METAL PROPERTY
Metals as defined in this section as either ferrous or nonferrous metals. [§ 13A -8-
30(3)]
MINOR
A person under the age of 18. [§ 13A-6-151(5).]
Any unmarried person under the age of 18 years. [§ 13A-12-200.1(16)]
A person who has not attained the age of 18. [§ 15-20A-4(14)]
MISAPPLY
To “misapply” means to deal with the property contrary to law or governmental
regulation of the custody or disposition of that property; “governmental regulation”
includes administrative and judicial rules and orders as well as statutes and ordinances.
[§ 13A-9-51(c)]
MISDEMEANOR
An offense for which a sentence to a term of imprisonment not in excess of one year
may be imposed. [§ 13A-2-1(9)]
MISLABELED
“Mislabeled” means:
(1) Varying from the standard of truth or disclosure in labeling prescribed by statute
or lawfully promulgat ed administrative regulation, or if none, as set by
established commercial usage; or
(2) Represented as being another person's product, though otherwise labeled
accurately as to quality and quantity. [§ 13A-9-41(d)]
MITIGATING CIRCUMSTANCES
Mitigating circumstances shall include, but not be limited to, the following:
(1) The defendant has no significant history of prior criminal activity;
(2) The capital offense was committed while the defendant was under the influence
of extreme mental or emotional disturbance;
(3) The victim was a participant in the defendant's conduct or consented to it;
(4) The defendant was an accomplice in the capital offense committed by another
person and his participation was relatively minor;
(5) The defendant acted under extreme duress or under the substantial domination
of another person;
(6) The capacity of the defendant to appreciate the criminality of his conduct or to
conform his conduct to the requirements of law was substantially impaired; and
(7) The age of the defendant at the time of the crime. [§ 13A-5-51.]
MOTION PICTURE THEATER
A movie theater, screening room, or other venue that is being utilized primarily for the
exhibition of a motion picture at the time of the offense. [§ 13A-8-90(a)(3)]
MURDER AND MURDER BY THE DEFENDANT
Shall be defined as provided in Section 13A-5-40(b). [§ 13A-5-39(5)]
§ 13A-5-40(b). Except as specifically provided to the contrary in the last part of
subdivision (a)(13) of this section, the terms “murder” and “murder by t he
defendant” as used in this section to define capital offenses mean murder as
defined in Section 13A-6-2(a)(1), but not as defined in Section 13A -6-2(a)(2) and
(3). Subject to the provisions of Section 13A -5-41, murder as defined in Section
13A-6-2(a)(2) and (3), as well as murder as defined in Section 13A-6-2(a)(1), may
be a lesser included offense of the capital offenses defined in subsection (a) of this
section.
-N-
NEAR FATALITY
An act that, as certified by a physician, places the child in serious or critical condition.
[§ 13A-6-29(a) (2)]
NEGLECT
The failure of a caregiver to provide food, shelter, clothing, medical services,
medication, or health care for an elderly person. [§ 13A-6-191(7)]
NEGOTIABLE INSTRUMENT
The definition of “negotiable instrument” in Section 7-3-104 applies to this section and
Sections 13A-9-13.2 and 13A-9-13.3. [§ 13A-9-13.1(d)]
Note: § 7-3-104. Negotiable instrument.
(a) Except as provided in subsections (c) and (d), “negotiable instrument” means
an unconditional promise or order to pay a fixed amount of money, with or
without interest or other charges described in the promise or order, if it:
(1) Is payable to bearer or to order at the time it is issued or first comes into
possession of a holder;
(2) Is payable on demand or at a definite time; and
(3) Does not state any other undertaking or instruction by the person promising
or ordering payment to do any act in addition to the payment of money, but
the promise or order may contain
(i) an undertaking or power to give, maintain, or protect collateral to secure
payment,
(ii) an authorization or power to the holder to confess judgme nt or realize
on or dispose of collateral, or
(iii) a waiver of the benefit of any law intended for the advantage or
protection of an obligor. …
NEGOTIATION
The definition of “negotiation” in Section 7 -3-202 applies to this section and Sections
13A-9-13.2 and 13A-9-13.3. [§ 13A-9-13.1(e)]
Note: § 7-3-202. Negotiation subject to rescission.
(a) Negotiation is effective even if obtained (i) from an infant, a corporation
exceeding its powers, or a person without capacity, (ii) by fraud, duress,
or mistake, or (iii) in breach of duty or as part of an illegal transaction.
(b) To the extent permitted by other law, negotiation may be rescinded or
may be subject to other remedies, but those remedies may not be
asserted against a subsequent holder in due course or a person paying
the instrument in good faith and without knowledge of facts that are a
basis for rescission or other remedy.
NONFERROUS METALS
Metals not containing significant quantities of iron or steel, including, without limitation,
copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless
steel, and alloys thereof, including stainless steel beer kegs. [§ 13A-8-30(4)]
-O-
OATH
Such term includes an affirmation and every other mode authorized by law of attesting
to the truth of that which is stated. For the purposes of this article, written statements shall
be treated as if made under oath if:
a. The statement was made on or pursuant to form bearing notice, authorized by
law, to the effect that false statements made therein are punishable; or
b. The statement recites that it was made under oath, the declarant was aware of
such recitation at the time he made the statement and intended that the
statement should be represented as a sworn statement, and the statement was
in fact so represented by its delivery or utterance with the signed jurat of an
officer authorized to administer oaths appended thereto. [§ 13A-10-100(b)(3)]
OBSCENE
a. When used to describe any matter that contains a visual reproduction of breast
nudity, such term means matter that:
1. Applying contemporary local community standards, on the whole, appeals
to the prurient interest; and
2. Is patently offensive; and
3. On the whole, lacks serious literary, artistic, political or scientific value.
b. When used to describe matter that is a depiction of an act of sado-masochistic
abuse, sexual intercourse, sexual excitement, masturbation, genital nudity, or
other sexual conduct, such term means matter containing such a visual
reproduction that itself lacks serious literary, artistic, political or scientific value.
[§ 13A-12-190(13)]
The term means that:
a. The average person, applying contemporary community standards, would find
that the material, taken as a whole, appeals to the prurient interest; and
b. The material depicts or describes, in a patently offensive way, sexual conduct,
actual or simulated, normal or perverted; and
c. A reasonab le person would find that the material, taken as a whole, lacks
serious literary, artistic, political or scientific value. [§ 13A-12-200.1(17)]
OBSCURE
“Obscure” means to remove, deface, cover, alter, destroy or otherwise render
unidentifiable. [§ 13A-8-22(b)]
OBSTRUCT
To “obstruct” means to render impassable without unreasonable inconvenience or
hazard. A gathering of persons to hear a person speak or otherwise communicate does
not constitute an obstruction. [§ 13A-11-1(1)]
OBTAINS
Such term means:
a. In relation to property, to bring about a transfer or purported transfer of a legally
recognized interest in the property, whether to the obtainer or another; or
b. In relation to labor or service, to secure performance thereof. [§ 13A-8-1(7)]
OBTAINS OR EXERTS CONTROL OR OBTAINS OR EXERTS UNAUTHORIZED CONTROL
Obtains or exerts control or obtains or exerts unauthorized control over property
includes but is not necessarily limited to the taking, carrying away, or the sale,
conveyance, or transfer of title to, or interest in, or possession of, property, and includes
but is not necessarily limited to conduct heretofore defined or known as common law
larceny by trespassory taking, common law larceny by trick, larceny by c onversion,
embezzlement, extortion, or obtaining property by false pretenses. [§ 13A-8-1(8)]
OFFENSE
Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a
fine is provided by any law of this state or by any law, local law, or ordinance of a political
subdivision of this state. [§ 13A-2-1(10)]
OFFICIAL PROCEEDING
Any proceeding heard before any legislative, judicial, administrative or other
government agency or official authorized to hear evidence under oath. [§ 13A-10-
100(b)(5)]
OMISSION
A failure to perform an act as to which a duty of performance is imposed by law.
[§ 13A-2-1(3)]
OPEN HOUSE PARTY
A social gathering at a residence. [§ 13A-11-10.1(a)(5)]
OTHER SEXUAL CONDUCT
Any touching of the genitals, pubic areas or buttocks of the human male or female, or
the breasts of the female, whether alone or between members of the same or opposite
sex or between humans and animals in an act of apparent sexual stimulation or
gratification. [§ 13A-12-190(9)]
OUT-OF-STATE SALE
A sale of cigarettes to a consumer located outside of this state where the consumer
submits the order for such sale by means of a telephonic or other method of voice
transmission, the mails or any other delivery service, facsimile transmission, or the
Internet or other online service, and where the cigarettes are delivered by use of the mails
or other delivery service. [§ 13A-12-3.1(12)]
OVER-PRESSURE DEVICE
A frangible container filled with an explosive gas or expanding gas which is designed
or constructed so as to cause the container to break or fracture in a manner which is
capable of causing death, bodily harm, or property damage. [§ 13A-10-190(13)]
OWNER
A person, other than the defendant, who has possession of or any other interest in the
property involved, even though that interest or possession is unlawful, and without whose
consent the defendant has no authority to exert control over the property.
A secured party, as defined in Section 7-9A-102(a)(72), is not an owner in relation to
a defendant who is a debtor, as defined in Section 7-9A-102(a)(28), in respect of property
in which the secured party has a security interest, as defined in Section 7-1-201(37).
[§ 13A-8-1(9)]
Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant by the
entirety of the whole or part of any building. [§ 13A-8-23(a)(1)]
Unless the context clearly requires otherwise, the term “owner,” as used in this article,
shall mean the person who owns, or has the exclusive license in the United States to
reproduce or the exclusive license in the United States to distribute to the public copies
of the original fixation of sounds embodied in the master phonograph record, master disc,
master tape, master film or other device used for reproducing recorded sounds on
phonograph records, discs, tapes, films, videocassettes or other articles now known or
later developed on which sound is recorded and from which the transferred sounds are
directly or indirectly derived, or t he person who owns the rights to record or to authorize
the recording of a live performance. [§ 13A-8-80.]
An owner or lessee of a computer or a computer network, or an owner, lessee, or
licensee of computer data, computer programs, or computer software. [§ 13A-8-111(17)]
-P-
PARI-MUTUEL, MUTUEL OR THE NUMBERS GAME.
A form of lottery in which the winning chances or plays are not determined upon the
basis of a drawing or other act on the part of persons conducting or connected with the
scheme, but upon the basis of the outcome of a future contingent event or events
otherwise unrelated to the particular scheme. [§ 13A-12-20(7)]
PARTY LINE
The term “party line” means a subscriber's line telephone circuit consisting of two or
more main telephone stations connected therewith, each having a distinctive ring or
telephone number. [§ 13A-11-222(b)]
The term “party line,” as defined in Section 13A-11-222, is incorporated in this section.
[§ 13A-11-223(b)]
PARTY OFFICER
A person who holds any position or office in a political party, whether by election,
appointment or otherwise. [§ 13A-10-60(b)(4)]
PEACE OFFICER
See also Law Enforcement Officer
A person who is a peace officer who is employed or under contract while off duty by
a private or public entity is a peace officer performing a lawful duty when the person is
working in his/her approved uniform while off duty with the approval of his/her employing
law enforcement agency. [13A-6-21(a)(4)]
Any public servant vested by law with a duty to maintain public order or to make arrests
for crime, whether that duty extends to all crimes or is limited to specific crimes. [§ 13A -
10-1(5)]
A peace officer is all sheriffs, deputy sheriffs, constables, municipal police officers,
municipal policemen, state and town marshals, members of the highway patrol, state
troopers, Alcoholic Beverage Control Board Enforcement Division agents, enforcement
officers of the Public Service Commission, revenue agents, and persons who are required
by law to comply with the provisions of the Peace Officers' Minimum Standards,
employees of the Board of Corrections, highway camp guards, law enforcement officers
of the Department of Conservation and Natural Resources, all law enforcement officers
of the Alabama Forestry Commission, livestock theft investigators of the Department of
Agriculture and Industries, Capitol security guards, narcotic agents and inspectors of the
State Board of Health, any other state, county, or municipal officer engaged in quelling a
riot, or civil disturbance, and university police officers. [13A-11-260(2); 36-30-1(a)(6)]
A person duly sworn as a peace officer of the State of Alabama possessing powers of
arrest and employed by the state, any political subdivision thereof, or any municipal
corporation therein who is required by the terms of employment, whether the employment
exists by virtue of election or appointment, to give full time to the preservation of public
order and the protection of life or property or the detection of crime in the state. The term
shall include enforcement officers for conservation laws, full -time coroners, and any
pardon, parole, or probation officer, but shall not include any district attorney, assistant
district attorney, assistant attorney general, commissioner, deputy commissioner, or any
municipal inspector, county inspector, or state inspector. [§ 36-21-60(11)]
PECUNIARY BENEFIT
Benefit in the form of money, property, commercial interests or anything else the
primary significance of which is economic gain. Expenses associated with social
occasions afforded public servants and party officers shall not be deemed a pecuniary
benefit within the meaning of this article. [§ 13A-10-60(b)(2)]
PENAL FACILITY
Any security correctional institution for the confinement of persons arrested for,
charged with or convicted of a criminal offense, including but not limited to the following
security facilities: the state penitentiary and any branch thereof or a ny county or city jail.
[§ 13A-10-30(b)(3)]
PERSON
A human being, and where appropriate, a public or private corporation, an
unincorporated association, a partnership, a government, or a governmental
instrumentality. [§ 13A-1-2(11)]
The term, when referring to the victim of a criminal homicide or assault, means a
human being, including an unborn child in utero at any stage of development,
regardless of viability. [§ 13A-6-1(a)(3)]
A human being. [§ 13A-6-191(8)]
Includes a corporation, firm, company, or association. [§ 13A-8-23(a)(2)]
An individual, partnership, corporation, joint venture, trust, association, or any other
legal entity. [§ 13A-8-30(5)]
Any individual, partnership, corporation, trust, estate, cooperative, association,
government or governmental subdivision or agency, or other entity. [§ 13A-8-200(a)(3)
Any individual, organization, group, association, partnership, corporation, trust, or
any combination of them. [§ 13A-9-70(7)]
Any individual, partnership, corporation, business, trust, or other legal entity. [§
13A-9-110(2)]
Such term includes any firm, partnership, association or corporation. [§ 13A-11-
70(3)]
A human being, and where appropriate, a public or private corporation, an
unincorporated corporation, a partnership, a government or a governmental
instrumentality, or a private organization, association, coalition, federation, and its
officers or spokespersons. [§ 13A-11-152(5)]
Any individual, corporation, partnership, limited liability company, association, or
other organization that engages in any for-profit or not-for-profit activities. [§ 13A-12-
3.1(13)]
Any individual and, except where inappropriate, any partnership, firm, association,
corporation or other legal entity. [§ 13A-12-200.1(18)]
The term includes individuals, partnerships, corporations, and associations. [§ 22-
21-20(2)].
PERSONAL IDENTIFICATION CARD
A driver's license or identification card issued by the Department of Public Safety or a
similar card issued by another state, a military identification card, a passport, or an
appropriate work authorization issued by the U.S. Citizenship and Immigration Services
of the Department of Homeland Security. [§ 13A-8-30(6)]
PHARMACY
Any building, warehouse, physician's office, hospital, pharmaceutical house or other
structure used in whole or in part for the sale, storage and/or dispensing of any controlled
substance as defined in Section 20-2-2 as amended. [§ 13A-8-51(1)]
PHARMACY ROBBERY
A person commits the offense of “pharmacy robbery” under this article if in the course
of committing a theft of any controlled substance as defined in Section 20-2-2 such person
violates Section 13A-8-41. [§ 13A-8-51(2)]
PHOTOGRAPH
A still photographic image, including an image captured in digital format, which is of
such quality that the persons and objects depicted are identifiable. [§ 13A-8-30(7)]
PHYSICAL EVIDENCE
“Physical evidence,” as used in this section, includes any article, object, document,
record or other thing of physical substance. [§ 13A-10-129(b)]
PHYSICAL HARM
Any injury, illness, or other impairment, regardless of its gravity or duration. [§
13A-11-260(4)]
PHYSICAL INJURY
Impairment of physical condition or substantial pain. [§ 13A-1-2(12)] and [§ 13A-6-
151(6)]
PHYSICALLY HELPLESS
Such term means that a person is unconscious or for any other reason is physically
unable to communicate unwillingness to an act. [§ 13A-6-60(7)]
PISTOL
Any firearm with a barrel less than 12 inches in length. [§ 13A-11-70(1)]
PLAYER
A person who engages in any form of gambling solely as a contestant or bettor, without
receiving or becoming entitled to receive any profit therefrom other than personal
gambling winnings, and without otherwise rendering any material assistance to the
establishment, conduct or operation of the particular gambling activity. [§ 13A-12-20(8)]
POISON GAS
A toxic chemical or its precursors that through its chemical action or properties on life
processes causes death or permanent injury to human beings. The term poison gas shall
not include any of the following:
a. Riot control agents, smoke, and obscuration materials or medical products
which are manufactured, possessed, transported, or used in accordance with
the laws of the United States and of this state.
b. Tear gas devices designed to be carried on or about the person which contain
not more than one-half ounce of the chemical.
c. Pesticides, as provided in subdivi sion (2) of Section 13A -10-209. [§ 13A-10-
190(14)]
Note: § 13A-10-209. Exclusions for lawfully intended purposes.
The provisions of Act 209-718 shall not apply to any of the following: . . .
(2) A pesticide which is manufactured, stored, transported, distributed, possessed,
or used in accordance with Chapter 7 of Title 2, the Federal Insecticide, Fungicide,
and Rodenticide Act, 61 Stat. 163, as amended, and the Federal Environmental
Pesticide Control Act of 1972, Pub. L. 92-516, as amended.
POLICE ANIMAL
An animal, generally a dog or horse, which is not a human, with specialized training
or in the process of specialized training, which is used by, and under the control of a
peace officer, Class One Railroad Officer or special agent, or firefighter, in the
performance of his/her duties. [§ 13A-11-260(5)]
POLITICAL ORGANIZATION
A party, committee, association, fund, or other organization, whether or not
incorporated, which is organized and operated primarily for the purpose of directly or
indirectly accepting contributions or making expenditures, or both, for an exempt function
pursuant to 26 U.S.C. § 527. [§ 13A-9-70(8)]
POSSESS
To have physical poss ession or otherwise to exercise dominion or control over
tangible property. [§ 13A-1-2(13)]
POSTING IN A CONSPICUOUS MANNER
A sign or signs posted on the property, reasonably likely to come to the attention of
intruders, indicating that entry is forbidden or the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks satisfy all of the following:
a. Are vertical lines of not less than eight inches in length and not less than one
inch in width.
b. Are placed so that the bottom of the mark is not less than three feet from the
ground or more than five feet from the ground.
c. Are plac ed at locations that are readily visible to any person approaching the
property and are no more than 100 feet apart on forest land or 1,000 feet apart
on land other than forest land. [13A-7-1(4)]
POTENTIAL CONFLICTING INTEREST
A “potential conflicting interest” exists, but is not limited to, when the public servant is
a director, president, general manager or similar executive officer, or owns directly or
indirectly a substantial portion of any nongovernmental entity participating in the
transaction. [§ 13A-10-62(b)]
A potential conflicting interest exists, but is not limited to, when the member, agent/
or employee of the commission is a director, president, general manager or similar
executive officer, or owns directly or indirectly a substantial portion of any
nongovernmental entity participating in the transaction. [15-23-19(b)]
PRECURSOR SUBSTANCES
Those materials listed in section § 13A-10-191.
PREDATORY
An act directed at a stranger, a person of casual acquaintance, or with whom no
substantial relationship exists, or a person with whom a relationship has been established
or promoted for the purpose of victimization of that person or individuals over whom that
person has control. [§ 15-20A-4(15)]
PREMISES
The term includes any building, as defined in this section, and any real property.
[§ 13A-3-20(5)]
Such term includes any “building,” as herein defined, and any real property. [§ 13A -
7-1(5)]
For the purpose of this section, the “premises” shall include all the parking area set
aside by the owner, or on behalf of the owner. [§ 13A-8-61]
PREVIOUSLY CONVICTED AND PRIOR CRIMINAL ACTIVITY
As used in Sections 13A -5-49(2) and 13A -5-51(1), these terms refer to events
occurring before the date of the sentence hearing. [§ 13A-5-39(6)]
PRIOR CONVICTION
The person has served and has been released or discharged from, or is serving, a
separate period of incarceration, commitment, or supervision for the commission of a sex
offense, as defined by Section 15-20A-5, prior to, or at the time of, committing another
sex offense. [§ 15-20A-4(16)]
PRIVATE IMAGE
Private image means a photograph, digital image, video, film, or other recording of
a person who is identifiable from the recording itself or from the circumstances of its
transmission and who is engaged in any act of sadomasochistic abuse, sexual
intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other
sexual conduct. The term includes a recording that has been edited, altered, or otherwise
manipulated from its original form. [§ 13A-6-240(b)]
PRIVATE PLACE
A place where one may reasonably expect to be safe from casual or hostile intrusion
or surveillance, but such term does not include a place to which the public or a substantial
group of the public has access. [§ 13A-11-30(2)]
PRIVATE SELLER
A person who sells or offers for sale any firearm, as defined in Section 13A-8-1(4), or
ammunition. [§ 13A-11-58.1(a)(4)]
PROCESSED FOOD
Any food other than a raw agricultural c ommodity, including any raw agricultural
commodity that has been subject to processing, such as canning, cooking, freezing,
dehydration, or milling. [§ 13A-10-170(a)(2)]
PRODUCE
Create, make, write, film, produce, reproduce, direct, or stage. [§ 13A-12-200.1(19)]
PROFESSIONAL FUND RAISER
Any person who for compensation or other consideration plans, conducts, manages,
or carries on any drive or campaign in this state for the purpose of soliciting contributions
for or on behalf of any charitable organization or any other person, or who engages in the
business of, or holds himself or herself out to persons in this state as independently
engaged in the business of soliciting contributions for such purposes. A bona fide officer
or employee of a charitable organization is not a professional fund raiser unless his or her
salary or other compensation is computed on the basis of funds to be raised, or actually
raised. This section shall not apply to persons who solicit political campaign contributions
on behalf of candidates for public office or initiatives on a ballot. [§ 13A-9-70(9)]
PROFESSIONAL SOLICITOR
Any person who is employed or retained for compensation by a professional fund
raiser to solicit contributions for charitable purposes in this state. [§ 13A-9-70(10)]
PROFIT FROM GAMBLING ACTIVITY
A person “profits from gambling activity” if he accepts or receives money or other
property pursuant to an agreement or understanding with any person whereby he shares
or is to share in the proceeds of gambling activity. [§ 13A-12-20(9)]
PROFIT FROM PROSTITUTION
A person “profits from prostitution” if, acting other than as a prostitute receiving
compensation for personally -rendered prostitution services, he accepts or receives
money or other property pursuant to a prior agreement with any person whereby he
participates or is to participate in the proceeds of prostitution activity. [§ 13A-12-110(2)]
PROPELLED VEHICLE
Any propelled device in, upon, or by which any person or property is transported on
land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats,
aircraft, and any vessel propelled by machinery, whether or not that machinery is the
principal source of propulsion. [§ 13A-8-1(10)]
PROPERTY
As used in the context of Sections 13A-7-25 and 13A-7-26, such term means any
tangible or intangible property, real or personal, public or private, and includes the
commodities and services of a utility nature, such as gas, electricity, steam and water.
[§ 13A-7-24(2)]
Any money, tangible or intangible personal property, property (whether real or
personal) the location of which can be changed (including things growing on, affixed to,
or found in land and documents, although the rights represented hereby have no physical
location), contract right, chose-in-action, interest in a claim to wealth, credit, or any other
article or thing of value of any kind.
Commodities of a public utility nature, such as gas, electricity, steam, and water,
constitute property, but the supplyi ng of such a commodity to premises from an outside
source by means of wires, pipes, conduits, or other equipment shall be deem a rendition
of a service rather than a sale or delivery of property. [§ 13A-8-1(11)]
Includes a financial instrument, data, da tabases, data while in transit, computer
software, computer programs, documents associated with computer systems and
computer programs, or copies whether tangible or intangible. [§ 13A-8-111(18)]
Such term is defined as in Section 13A-8-1(10). [§ 13A-9-1(9)]
Any real or personal property, including books, records, and documents. [§ 13A -10-
1(6)]
Personal or real property includes, but is not limited to, any of the following buildings
or real property:
a. A church, mosque, synagogue, or other religious real property
b. A pubic or private school. [13A-10-15(b)(1)]
Real or personal property of any kind including money, choses in action, and other
similar interests in property. [§ 13A-10-190(15)]
PROSTITUTION
For the purpose of this division, the term “prostitution” shall mean the commission by
a person of any natural or unnatural sexual act, deviate sexual intercourse, or sexual
contact for monetary consideration or other thing of value. [§ 13A-12-120]
PUBLIC ASSISTANCE
Public Assistance means money or property provided directly or indirectly to
eligible persons through programs of the federal government, the state, or any political
subdivision thereof, including any program administered by a public housing authority.
[§ 13A-9-150(a)]
PUBLIC BUILDING
A structure which is generally open to members of the public with or without the
payment of an admission fee or membership dues including, but not limited to, structures
owned, operated, or leased by the state, the United States, any of the several states, or
a foreign nation or any political subdivision or authority thereof; a religious organization;
any medical facility; any college, school, or university; or any corporation, partnership, or
association. [§ 13A-10-190(16)]
PUBLIC DISCLOSURE
Public disclosure includes public announcement or notification to a superior officer or
the Attorney General. [§ 13A-10-62(c)]
Public disclosure means a public announcement and written notification to the
Attorney General. [15-23-19(c)]
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, and includes
but is not limited to highways, transportation facilities, schools, places of amusement,
parks, playgrounds and hallways, lobbies and other portions of apartment houses not
constituting rooms or apartments designed for actual residence; provided, that no private
dwelling and no place engaged for a private gathering is included within the meaning of
public place with respect to any person specifically invited therein. [§ 13A-11-1(2)]
Any place to which the general public has access and a right to resort for business,
entertainment or other lawful purpose, but does not necessarily mean a place devoted
solely to the uses of the public. Such term shall include the front or immediate area or
parking lot of any store, shop, restaurant, tavern, shopping center or other place of
business. Such term shall also include any public building, the grounds of any public
building, or within the curtilage of any public building, or in any public parking lot, public
street, right -of-way, sidewalk right -of-way, or within any public park or other public
grounds. [§ 13A-11-59(a)(4)]
PUBLIC SAFETY COMMUNICATION
A public safety communication means any radio signal, electronic transmission,
telephone communication, or broadcast, intended for law enforcement, fire service, 911
personnel, or emergency personnel acting in an official capacity under color of law, which
is transmitted or received by any equipment or system capable of either receiving or
transmitting telephone communication, radio signals or other electronic transmissions on
a wavelength, frequency, or channel allocated by the Federal Communications
Commission or otherw ise for use by law enforcement, fire service, 911 personnel, or
emergency personnel. [13A-10-16(a)]
PUBLIC SCHOOL
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. [§ 13A-11-72(f)]
PUBLIC SERVANT
Any officer or employee of government, including legislators and judges and any
person or agency participating as an adviser, consultant, or otherwise in performing a
governmental function. [§ 13A-10-1(7)]
As used in this article, such term includes persons who presently occupy the position
of a public servant, as defined in Section 13A -10-1(7), or have been elected, appointed
or designated to become a public servant although not yet occupying that position.
[§ 13A-10-60(b)(3)]
PUBLIC THOROUGHFARE, DEPOT OR VEHICLE
Any street, highway, park, depot or transportation platform or other place, whether
indoors or out, or any vehicle for public transportation, owned or operated by government,
either directly or through a public corporation or authority, or owned or operated by any
agency of public transportation that is designed for the use, enjoyment or transportation
of the general public. [§ 13A-12-190(3)]
PUBLISH
The communication or dissemination of information to any one or more persons, either
orally in person, or by telephone, computer network, radio, television, or in a writing of
any kind, including, without limitation, a letter or memorandum, circular, handbill,
newspaper, magazine article, or book. [§ 13A-8-150(2)]
PURCHASE TRANSACTION
A transaction in which a secondary metals recycler gives consideration in exchange
for regulated metal property. [§ 13A-8-30(8)]
-R-
RADIO FREQUENCY IDENTIFICATION (RFID)
A technology that uses radio waves to transmit data remotely from an RFID tag,
through a reader, from identification documents. It is used in contactless integrated circuit
cards, also known as proximity cards. [§ 13A-8-111(19)]
RADIO FREQUENCY IDENTIFICATION (RFID) TAGS
Also known as RFID labels, the hardware for an RFID system that electronically stores
and processes information, and receives and transmits the signal. [§ 13A-8-111(20)]
RAW AGRICULTURAL COMMODITY
Any food in its raw or natural state, including all fru its that are washed, colored, or
otherwise treated in their unpeeled natural form prior to marketing. [§ 13A-10-170(a)(3)]
REASONABLE ACTION
The act of ejecting a person from a residence or requesting law enforcement officials
to eject a person from a residence. [§ 13A-11-10.1(a)(6)]
REASONABLE EXPECTATION OF PRIVACY
A reasonable expectation of privacy includes, but is not limited to either:
(a) The person depicted in the private image created it or consented to its creation
believing that it would remain confidential; (OR)
(b) The sexual conduct depicted in the image was involuntary.
[13A-6-240(c)(1)]
RECEIVER
“Receiver” means an assignee or trustee for the benefit of creditors, a conservator, a
liquidator or any other person legally entitled to administer property for the benefit of
creditors. [§ 13A-9-48(b)]
RECEIVING
Such term includes, but is not limited to, acquiring possession, control, or title and
taking a security interest in the property. [§ 13A-8-1(12)]
RECKLESSLY
A person acts recklessly with respect to a result or to a circumstance described by a
statute defining an offense when he is aware of and consciously disregards a substantial
and unjustifiable risk that the result will occur or that the circumstance exists. The risk
must be of such nature and degree that disregard thereof constitutes a gross deviation
from the standard of conduct that a reas onable person would observe in the situation. A
person who creates a risk but is unaware thereof solely by reason of voluntary
intoxication, as defined in subdivision (e)(2) of Section 13A -3-2, acts recklessly with
respect thereto. [§ 13A-2-2(3)]
The term means recklessly, as defined by Section 13A-2-2(3), doing an act involving
a material when the person knows the nature of the material. [§ 13A-12-200.1(20)]
RECORDED DEVICE
The term “recorded device” means the tangible medium upon which sounds or images
are recorded or otherwise stored, and includes any phonograph record, disc, wire, tape,
videocassette, film, or other medium now known or later developed on which sounds or
images are recorded or otherwise stored. [§ 13A-8-83]
REENCODER
An electronic device that places encoded information from the magnetic strip,
integrated circuit, RFID tag of an identification document onto the magnetic strip,
integrated circuit, or RFID tag of a different identification document. [§ 13A-8-111(21)]
REGISTERING AGENCY
Any agency with whom the sex offender registers required registration information.
[§ 15-20A-4(17)]
RELATIVE
A parent or stepparent, ancestor, sibling, uncle or aunt or other lawful custodian,
including an adoptive relative of the same degree through marriage or adoption. [§ 13A-
6-40(3)]
RELEASE
Release from a state prison, county jail, municipal jail, mental health facility, release
or discharge from the custody of the Department of Youth Services or other juvenile
detention, or placement on an appeal bond, probation, parole, or aftercare, placement
into any facility or treatment program that allows the sex offender to have unsupervised
access to the public, or release from any other facility, custodial or noncustodial, where
the sex offender is sentenced or made a ward of that facility by a circuit, district, or juvenile
court. [§ 15-20A-4(18)]
RELIGIOUS ORGANIZATION
Any society, sect, persuasion, mission, church, parish, congregation, temple,
convention, or association of any of the foregoing, diocese or presbytery, or other
organization, whether or n ot incorporated, or any employee thereof, no part of the net
earnings of which inures to the benefit of any private party or individual associated with
such an organization and that otherwise qualifies as an exempt organization under
Section 501(c)(3) of Title 26, United States Code, as amended. [§ 13A-9-70(11)]
RENDERS CRIMINAL ASSISTANCE
Shall have the same meaning as in Section 13A-10-42. [13A-10-151(3)]
Note: § 13A-10-42. For the purposes of Sections 13A-10-43 through 13A-10-45,
a person renders “criminal assistance” to another if he:
(1) Harbors or conceals such person;
(2) Warns such person of impending discovery or apprehension; except that
this subdivision does not apply to a warning given in connection with an
effort to bring another into compliance with the law;
(3) Provides such person with money, transportation, weapon, disguise or
other means of avoiding discovery or apprehension;
(4) Prevents or obstructs, by means of force, deception or intimidation,
anyone except a trespasser from performing an act that might aid in the
discovery or apprehension of such person; or
(5) Suppresses, by an act of concealment, alteration or destruction, any
physical evidence that might aid in the discovery or apprehension of
such person.
REPEAT SEXUALLY VIOLENT OFFENDER
A person is a repeat sexually violent offender for the purposes of this section if the
person is convicted of more than one sexually violent offense. [§ 15-20A-19(c)]
REPRESENTING
Describing, depicting, containing, constituting, reflecting, or recording. [§ 13A -8-
10.4(a)(3)]
REQUIRED OR AUTHORIZED BY LAW
An oath is “required or authorized by law” when the use of the oath is provided for by
statute or municipal ordinance. [§ 13A-10-100(b)(4)]
REQUIRED REGISTRATION INFORMATION
Any information required pursuant to Section 15-20A-7. [§ 15-20A-4(19)]
RESIDENCE
A dwelling in which a person resides either temporarily or permanently or is visiting as
an invited guest. [§ 13A-3-20(6)]
A single or multiple family dwelling including, but not limited to, a single -family home,
apartment building, condominium, duplex, townhouse, or mobile home which is used or
intended to be used by its occupants as their dwelling place. [§ 13A-9-110(3)]
A home, apartment, condominium, country club, motel, hotel, or any other unit
designed for dwelling. [§ 13A-11-10.1(a)(7)]
Each fixed residence or other place where a person resides, sleeps, or habitually lives
or will reside, sleep, or habitually live. If a person does not reside, sleep, or habitually live
in a fixed residence, residence means a description of the locations where the person is
stationed regularly, day or night, including any mobile or tra nsitory living quarters or
locations that have no specific mailing or street address. Residence shall be construed to
refer to the places where a person resides, sleeps, habitually lives, or is stationed with
regularity, regardless of whether the person de clares or characterizes such place as a
residence. [§ 15-20A-4(20)]
RESIDENT CAMP FACILITY
. . . For the purposes of this section, a resident camp facility includes any place, area,
parcel, or tract of land which contains permanent or semi-permanent facilities for sleeping
owned by a business, church, or nonprofit organization used primarily for the educational,
recreational, or religious purposes for minors and the location of the resident camp has
been provided to local law enforcement. Resident camp d oes not include a private
residence, farm, hunting, or fishing camp. [§ 15-20A-11(a)]
RESIDES OR RESIDING
The words “resides” or “residing,” as used in this article, shall mean any person who
remains within any county in the state for a period of more than 24 hours and maintains
or uses sleeping quarters anywhere within the county. [§ 13A-11-180]
RESPONSIBLE AGENCY
The person or government entity whose duty it is to obtain information from a sex
offender and to transmit that information to the Alabama State Law Enforcement Agency,
police departments, and sheriffs. For a sex offender being released from state prison, the
responsible agency is the Department of Corrections. For a sex offender being released
from a county jail, the responsible agency is the sheriff of that county. For a sex offender
being released from a municipal jail, the responsible agency is the chief of police of that
municipality. For a sex offender being placed on probation, including conditional
discharge or unconditional dis charge, without any sentence of incarceration, the
responsible agency is the sentencing court or designee of the sentencing court. For a
juvenile sex offender being released from the Department of Youth Services, the
responsible agency is the Department of Youth Services. For a sex offender who is being
released from a jurisdiction outside this state and who is to reside in this state, the
responsible agency is the sheriff of the county in which the offender intends to establish
a residence. [§ 15-20A-4(21)]
RESPONSIBLE PERSON
A child’s natural parent, stepparent, adoptive parent, legal guardian, custodian, or any
other person who has the permanent or temporary car or custody or responsibility for the
supervision of a child. [§ 26-15-2(4)
RESTRAIN
To intentionally or knowingly restrict a person's movements unlawfully and without
consent, so as to interfere substantially with his liberty by moving him from one place to
another, or by confining him either in the place where the restriction commences o r in a
place to which he has been moved. Restraint is “without consent” if it is accomplished by:
a. Physical force, intimidation or deception, or
b. Any means, including acquiescence of the victim, if he is a child less than 16
years old or an incompeten t person and the parent, guardian or other person
or institution having lawful control or custody of him has not acquiesced in the
movement or confinement. [§ 13A-6-40(1)]
REVOKED CREDIT CARD
A credit card which is no longer valid because permission to use it has been
suspended or terminated by the issuer. [§ 13A-9-14.1(a)(7)]
RIFLE
Any weapon designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned and made or remade to use the energy of the
explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore
for each pull of the trigger. [§ 13A-11-62(2)]
RISK ASSESSMENT
A written report on the assessment of risk for sexually re -offending conducted by a
sex offender treatment program or provider approved by the Department of Youth
Services. The report shall include, but not be limited to, the following regarding the
juvenile sex offender: Criminal history, mental status, attitude, previous sexual offender
treatment and response to treatment, social factors, conditions of release expected to
minimize risk of sexual re -offending, and characteristics of the sex offense. [§ 15 -20A-
4(22)]
Runaway Child
A child who voluntarily absents himself or herself from the control of his or her
custodian with intent to remain away indefinitely. [13A-13-8(b)(6)]
-S-
SADO-MASOCHISTIC ABUSE
Such term means either of the following:
a. Flagellation or torture, for the purpose of sexual stimulation, by or upon a
person who is nude or clad in undergarments or in a revealing or bizarre
costume; or
b. The condition of a person who is nude or clad in undergarments or in a
revealing or bizarre c ostume being fettered, bound or otherwise physically
restrained for the purpose of sexual stimulation. [§ 13A-12-190(5)]
The term means:
a. Flagellation or torture, in an act of sexual stimulation, by or upon a person who
is nude or clad in undergarments or in a revealing or bizarre costume; or
b. The binding or physical restraining of a person who is nude or clad in
undergarments or in a revealing or bizarre costume in an act of sexual
stimulation. [§ 13A-12-200.1(21)]
SCANNING DEVICE
A scanner, reader, or any other electronic device that is used to access, read, scan,
obtain, memorize, or store, temporarily or permanently, information encoded on the
magnetic strip, integrated circuit, or RFID tag of an identification document. [§ 13A -8-
111(22)]
SCHOOL
A licensed or accredited public, private, or church school that offers instruction in
grades K-12. The definition does not include a private residence in which students are
taught by parents or tutors or any facility dedicated exclusively to the education of adults
unless that facility has a childcare facility as defined in subdivision (3). [§ 15-20A-4(23)]
For purposes of this subdivision, a school includes an educational institution, public or
private, including a secondary school, a trade or professional school, or an institution of
higher education. [§ 15-20A-7(a)(5)]
For purposes of this subdivision, a school includes an educational institution, public or
private, including a secondary school, a trade or professional sc hool, or an institution of
higher education. [§ 15-20A-8(a)(3)]
For purposes of this section, a school includes an educational institution, public or
private, including a secondary school, a trade or professional school, or an institution of
higher education. [§ 15-20A-11(h)]
SCHOOL BUS STOP
For purposes of this subsection, a school bus stop is any location where a motor
vehicle owned or operated by or on behalf of a public or private school stops on a regular
basis for the purpose of transporting children to and from school. [§ 15-20A-17(a)(3)]
SCHOOL EMPLOYEE
For purposes of this article, school employee includes a teacher, school administrator,
student teacher, safety or resource officer, coach, adult volunteer in a position of authority
or any other school employee who has contact with a student in his or her official capacity
as a school employee. [§ 13A-6-80(a)]
SEARCH AND RESCUE ANIMAL
Any animal with specialized training or in the process of specialized training, which is
utilized for the principal purpose of aiding in the detection of missing persons, including,
but not limited to, tracking persons who are lost or missing regardless whether living or
deceased, sometimes referred to as a “SAR” animal. [13A-11-260(6)]
SECONDARY METALS RECYCLER
Any person, whether licensed or not licensed, who is engaged, from a fixed location
or otherwise, in the business of paying compensation for ferrous or nonferrous metals,
whether or not engaged in the business of performing the manufacturing process by
which ferrous metals or nonferrous metals are converted into raw material products
consisting of prepared grades and having an existing or potential economic value. The
term does not include a pawnbroker licensed pursuant to Chapter 19A of Title 5, or a
licensed automotive dismantler and parts recycler as defined in Section 40 -12-410,
unless the entities engage in the business of paying compensation for ferrous or
nonferrous metals. [§ 13A-8-30(9)]
SECURITY INTEREST
“Security interest” means an interest in personal property or fixtures as defined in
Section 7-1-201(37) [sic]. [§ 13A-9-46(b)]
Note: The reference should be to subsection (35) of § 7-1-201.
§ 7-1-201 (35) “Security interest” means an interest in personal property or fixtures
which secures p ayment or performance of an obligation. “Security interest”
includes any interest of a consignor and a buyer of accounts, chattel paper, a
payment intangible, or a promissory note in a transaction that is subject to Article
9A. “Security interest” does not include the special property interest of a buyer of
goods on identification of those goods to a contract for sale under Section 7-2-401,
but a buyer may also acquire a “security interest” by complying with Article 9A.
Except as otherwise provided in Secti on 7-2-505, the right of a seller or lessor of
goods under Article 2 or 2A to retain or acquire possession of the goods is not a
“security interest,” but a seller or lessor may also acquire a “security interest” by
complying with Article 9A. The retention or reservation of title by a seller of goods
notwithstanding shipment or delivery to the buyer under Section 7-2-401 is limited
in effect to a reservation of a “security interest.” Whether a transaction in the form
of a lease creates a “security interest” is determined pursuant to Section 7-1-203.
SENTENCING COURT
The court of adjudication or conviction. [§ 15-20A-4(24)]
SEPARATE OFFENSE
The depiction of an individual less than 17 years of age that violates this division shall
constitute a separate offense for each single visual depiction. [§ 13A-12-190(16)]
SERIOUS PHYSICAL HARM
Any physical harm that carries a substantial risk of death, permanent or temporary
maiming or disfigurement, or that causes pain or suffering of any gravity or duration. [§
13A-11-260(7)]
SERIOUS PHYSICAL INJURY
Physical injury which creates a substantial risk of death, or which causes serious and
protracted disfigurement, protracted impairment of health, or protracted loss or
impairment of the function of any bodily organ. [§ 13A-1-2(14)]
SERVICES
“Services” includes but is not necessarily limited to labor, professional services,
transportation, telephone or other public services, accommodation in motels, hotels,
restaurants or elsewhere, admission to exhibitions, computer services and the supplying
of equipment for use. [§ 13A-8-10(b)]
Such term is defined as in Section 13A-8-10(b). [§ 13A-9-1(10)]
“Services” is defined as in Section 13A-8-10(b). [§ 13A-9-40(b)]
SEVERE MENTAL DISEASE OR DEFECT
“Severe mental disease or defect” does not include an abnormality manifested only
by repeated criminal or otherwise antisocial conduct. [§ 13A-3-1(b)]
SEX ACT
As used in this section, sex act means sexual intercourse with any penetration,
however slight; emission is not required. [§ 13A-6-81(b)]
SEX OFFENDER
Includes any adult sex offender, any youthful offender sex offender, and any juvenile
sex offender. [§ 15-20A-4(25)]
SEX OFFENSE INVOLVING A CHILD
A conviction for any sex offense in which the victim was a child or any offense involving
child pornography. [§ 15-20A-4(26)]
SEX OFFENSE INVOLVING A MINOR
A conviction for any sex offense in which the victim was a minor or any offense
involving child pornography. [§ 15-20A-4(27)]
SEXUAL CONDUCT
The term means:
a. Any act of sexual intercourse, masturbation, urination, defecation, lewd
exhibition of the genitals, sado-masochistic abuse, bestiality, or the fondling of
the sex organs of animals; or
b. Any other physical contact with a person's unclothed genitals, pubic area,
buttocks, or the breast or breasts of a female, whether alone or between
members of the same or opposite sex or between a human and an animal, in
an act of sexual stimulation, gratification or perversion. [§ 13A-12-200.1(22)]
SEXUAL CONTACT
Any touching of the sexual or other intimate parts of a person not married to the actor,
done for the purpose of gratifying the sexual desire of either party. [§ 13A-6-60(3)]
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation.
[§ 13A-12-190(6)]
SEXUAL INTERCOURSE
Such term has its ordinary meaning and occurs upon any penetration, however slight;
emission is not required. [§ 13A-6-60(1)]
Intercourse, real or simulated, whether genital -genital, oral -genital, anal -genital or
oral-anal, whether between persons of the same or opposite sex or between a human
and an animal. [§ 13A-12-190(7)]
Intercourse, whether genital-genital, oral -genital, anal -genital, or oral -anal, and
whether between persons of the same or opposite sex or between a human and an
animal. [§ 13A-12-200.1(23)]
SEXUAL MOTIVATION
For purposes of this section, sexual motivation means that one of the purposes for
which the defendant committed the crime was for the purpose of the sexual gratification
of the defendant. [§ 15-20A-6(f)]
SEXUAL SERVITUDE
Any of the following:
a. Any sexual conduct as defined in subdivision (3) of Section 14-11-30, for which
anything of value is directly or indirectly given, promised to, or received by any
person, which conduct is induced or obtained by coercion or deception from a
person.
b. Sexual conduct includes:
1. Sexually explicit performances, meaning an act or show intended to arouse,
satisfy the sexual desires of, or appeal to the prurient interests of patrons or
viewers, whether public or private, live, photographed, recorded,
videotaped, or projected over the Internet.
2. Commercial sex acts, meaning any sex act on account of which anything of
value is given, promised to, or received, directly or indirectly, by any person.
3. Acts defined in subdivision (3) of Section 14-11-30. [§ 13A-6-151(7)]
Note: § 14-11-30(3). 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 arousa l,
gratification, or abuse of the following:
1. The sexual or other intimate parts of the victim by the actor.
2. The sexual or other intimate parts of the actor by the victim.
3. The clothing covering the immediate area of the sexual or other intima te
parts of the victim or actor.
c. Sexual intrusion. Any intrusion, however slight, by any object or any part of the
body of a person into the genital, anal, or oral opening of the body of another
person if that sexual intrusion can reasonably be constr ued as being for the
purposes of sexual arousal, gratification, or abuse.
SEXUALLY VIOLENT OFFENSE
For the purposes of this section, a sexually violent offense is any of the following:
(1) A sex offense committed by forcible compulsion, violence, duress, menace,
fear of immediate bodily injury to the victim or another person, or threatening
to retaliate in the future against the victim or any other person.
(2) A sex offense involving a child.
(3) Any sex offense involving the enticement or solicitation of a minor for sexual
purposes.
(4) Any sex offense that is predatory in nature.
(5) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in
subdivisions (1) to (4), inclusive.
(6) Any other offense for which the court makes a specific finding on the record
that, based on the circumstances of the case, the person's offense should be
considered a sexually violent offense. [§ 15-20A-19(d)]
SEXUALLY VIOLENT PREDATOR
A person who has been convicted of a sexually violent offense and who is likely to
engage in one or more future sexually violent offenses or is likely to engage in future
predatory sex offenses [§ 15-20A-4(28)]
For the purposes of this section, a person is a sexually violent predator if either of the
following applies:
(1) The person is a repeat sexually violent offender.
(2) The person commits a sexually violent offense and is likely to engage in one or
more sexually violent offenses in the future. [§ 15-20A-19(b)]
Any sex offender determined in any other state to be a sexually violent predator shall
be considered a sexually violent predator in this state. [§ 15-20A-19(g)]
SHAM LEGAL PROCESS
The issuance, display, delivery, distribution, reliance on as lawful authority, or other
use of an instrument that is not lawfully issued, whether or not the instrument is produced
for inspection or actually exists, which purports to be any one of the following:
a. A summons, subpoena, judgment, lien, arrest warrant, search warrant, or other
order of a court of this state, a peace officer, or a legislative, executive, or
administrative agency established by state law.
b. An assertion of jurisdiction or authority over or determination or adjudication of
the legal or equitable status, rights, duties, powers, or privileges of a person or
property.
c. A requirement or authorization for the search, seizure, indictment, arrest, trial,
or sentencing of a person or property. [§ 13A-10-132(3)]
SHIPPING DOCUMENTS
Bills of lading, air bills, or any other documents used to evidence the undertaking by
a delivery service to deliver letters, packages, or other containers. [§ 13A-12-3.1(14)]
SHIPPING PACKAGE
A container in which packs or cartons of cigarettes are shipped in connection with a
delivery sale. [§ 13A-12-3.1(15)]
SHOPPING CART
The term “shopping cart,” when used in this article, shall mean those pushcarts of the
type or types which are commonly pr ovided by grocery stores, drugstores or other
merchant stores or markets for the use of the public in transporting commodities in stores
and markets and incidentally from the store to a place outside the store. [§ 13A-8-60]
SHORT-BARRELED RIFLE
A rifle having one or more barrels less than 16 inches in length and any weapon made
from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified,
has an overall length of less than 26 inches. [§ 13A-11-62(4)]
SHORT-BARRELED SHOTGUN
A shotgun having one or more barrels less than 18 inches in length and any weapon
made from a shotgun (whether by alteration, modification, or otherwise) if such weapon
as modified has an overall length of less than 26 inches. [§ 13A-11-62(5)]
SHOTGUN
A weapon designed or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball
shot or a single projectile for each single pull of the trigger. [§ 13A-11-62(3)]
SLOT MACHINE
A gambling device that, as a result of the insertion of a coin or other object, operates,
either completely automatically or with the aid of some physical act by the player, in such
a manner that, depending upon elements of chance, it may eject something of value. A
device so constructed or readily adaptable or convertible to such use is no less a slot
machine because it is not in working order or b ecause some mechanical act of
manipulation or repair is required to accomplish its adaptation, conversion or workability.
Nor is it any less a slot machine because apart from its use or adaptability as such it may
also sell or deliver something of value on a basis other than chance. [§ 13A-12-20(10)]
SLUG
A metallic or other object or article which by virtue of its size, shape or any other quality
is capable of being inserted, deposited or otherwise used in a coin machine as an
improper but effective substitute for a genuine coin, bill or token. [§ 13A-9-16(2)]
SOMETHING OF VALUE
Any money or property, any token, object or article exchangeable for money or
property or any form of credit or promise directly or indirectly contemplating transfer of
money or property or of any interest therein, or involving extension of a service
entertainment or a privilege of playing at a game or scheme without charge. [§ 13A -12-
20(11)]
SPECIFIED OFFENSE
A Class A felony, manslaughter, kidnapping in the second degree, assault in the first
or second degree, stalking, intimidating a witness, criminal tampering, endangering the
food supply, endangering the water supply or any attempt or conspiracy to commit any of
these offenses. [§ 13A-10-151(4)]
SPORTS CONTEST
Any professional or amateur sport, athletic game or contest, or race or contest
involving machines, persons or animals, viewed by the public, and for which admission is
charged. [§ 13A-11-140(1)]
SPORTS EVENT
For purposes of this secti on, a “sports official” is a person at a sports event who
enforces the rules of the event, such as an umpire or referee, or a person who supervises
the participants, such as a coach. A “sports event” includes any interscholastic or
intramural athletic acti vity in a primary, middle, junior high, or high school, college, or
university, any organized athletic activity sponsored by a community, business, or
nonprofit organization, any athletic activity that is a professional or semiprofessional
event, and any other organized athletic activity in the state. [§ 13A-11-144(a)]
SPORTS OFFICIAL
Any person who acts or expects to act in a sports contest as an umpire, referee or
judge, or otherwise to officiate at a sports contest. [§ 13A-11-140(3)]
For purposes o f this section, a “sports official” is a person at a sports event who
enforces the rules of the event, such as an umpire or referee, or a person who supervises
the participants, such as a coach. A “sports event” includes any interscholastic or
intramural athletic activity in a primary, middle, junior high, or high school, college, or
university, any organized athletic activity sponsored by a community, business, or
nonprofit organization, any athletic activity that is a professional or semiprofessional
event, and any other organized athletic activity in the state. [§ 13A-11-144(a)]
SPORTS PARTICIPANT
Any person who participates or expects to participate in a sports contest as a player,
contestant or member of a team, or as a coach, manager, trainer or other person directly
associated with a player, contestant or team. [§ 13A-11-140(2)]
STAMP OR STAMPS
The stamp or stamps by the use of which the tax levied under this article is paid and
shall be designated Alabama Revenue Stamps. [§ 13A-12-3.1(16)]
STATE FIRE MARSHAL
The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant
to Section 27-2-10. [§ 13A-10-190(17)
STATE OF EMERGENCY
When the Governor duly proclaims the existence of conditions of disaster or of
extreme peril to the safety of persons and property within the state caused by fire, flood,
storm, epidemic, technological failure or accident, riot, drought, sudden and severe
energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism,
man-made disaster, or other conditions, other than conditions resulting from a labor
controversy or conditions causing a state of war emergency, which, by reason of their
magnitude, are or are likely to be beyond the control of the services, personnel,
equipment, and facilities of any single county, city, or county and city and require the
combined forces of a mutual aid region or regions to combat or an energy shortage which
requires extraordinary measures beyond the authority vested in the Alabama Public
Service Commission. [§ 13A-7-80(a)(2)]
STATE OR LOCAL OFFICIAL OR EMPLOYEE
An appointed or elected official or an employee of a state agency, board, commission,
department, in a branch of state government, institution of higher education, or other unit
of government in this state. [§ 13A-10-132(a)(4)]
STATE
The United States, any state or any county, municipality, or other political unit within
territory belonging to the United States, or any department, agency, or subdivision of any
of the foregoing, or a ny corporation or other association carrying out the functions of
government, or any corporation or agency formed pursuant to interstate compact or
international treaty.
As used in this definition “state” includes any state, territory, or possession of t he
United States, the District of Columbia, and the Commonwealth of Puerto Rico. [§ 13A-
8-1(5)]
STOLEN
Obtained by theft, theft by appropriating lost property, robbery, or extortion. [§ 13A -
8-1(13)]
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. [§ 13A-6-138(a)(2)]
STREETGANG
For purposes of this section, the term “streetgang” means any combination,
confederation, alliance, network, conspiracy, understanding, or other similar arrangement
in law or in fact, of three or more persons that, through its membership or through the
agency of any member, engages in a course or pattern of criminal activity. [§ 13A-6-
26(a)]
STUDENT
For purposes of this article, a student is defined as any person under the age of
19 years enrolled or attending classes in a licensed or accredited public, private, or church
school that offers instruction in grades K -12, regardless of whether school is in session.
[§ 13A-6-80(b)]
A student is a person who is enrolled in or attends, on a full -time or part-time basis,
any public or private educational institution, including a secondary school, trade, or
professional school, or institution of higher education. [§ 15-20A-4(29)]
SUBSTANTIAL INCOME
For purposes of this section, “substantial income” means any amount exceeding the
established minimum wage, as established by law. [§ 13A-12-233(a)(2(b)]
SUFFOCATION
Intentionally causing asphyxia by depriving a person of air or by preventing a per son
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. [§ 13A-6-138(a)(3)]
SUPPORT
“Support” includes but is not limited to food, shelter, clothing, medical attention and
other necessary care, as determined elsewhere by law. [§ 13A-13-4(b)]
SURVEILLANCE
Secret observation of the activities of another person for the purpose of spying upon
and invading the privacy of the person observed. [§ 13A-11-30(3)]
SWEARS FALSELY AND FALSE SWEARING
The making of a false statement under oath required or authorized by law, or the
swearing or affirming the truth of such statement previously made, which the declarant
does not believe to be true. A false swearing in a subscribed written instrument shall not
be deemed complete until the instrument is delivered by its subscriber, or by someone
acting in his behalf, to another person with intent that it be uttered or published as true.
[§ 13A-10-100(b)(1)]
-T-
TAMPER
To improperly interfere, meddle with or make an unwarranted alteration in the
condition of property of another. [§ 13A-7-24(1)]
TELECOMMUNICATION DEVICE
Any type of instrument, device, machine, or equipment that is capable of transmitting
or receiving telephonic, electronic, or radio communications, or any part of such
instrument, device, machine or equipment, or any computer circuit, computer chip,
electronic mechanism, or other component that is capable of facilitating the transmission
or reception of telephonic, electronic, or radio communication. [§ 13A-8-150(3)]
TELECOMMUNICATION SERVICE
Any service provided for a charge or compensation to facilitate the origination,
transmission, emission, or reception of signs, signals, data, writings, images, sounds, or
intelligence of any nature by telephone, including cellular telephones, wire, radio,
electromagnetic, photoelectronic, or photo-optical system. [§ 13A-8-150(4)]
TELECOMMUNICATION SERVICE PROVIDER
A person or entity providing telecommunication service including, but not limited to, a
cellular, paging, or other wireless communications company or other person or entity
which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other
equipment or telecommunication service. [§ 13A-8-150(5)]
TEMPORARY LODGING INFORMATION
Lodging information including, but not limited to, the name and address of any location
where the person is staying when away from his/her residence for 3 or more days and
the period of time the person is staying at that location. [§ 15-20A-4(30)]
TENANT OR OCCUPANT
Shall include any person who occupies the whole or a part of any building whether
alone or with others and shall include the owner. [§ 13A-8-23(a)(3)]
TESTIMONY
Such term includes oral or written statements, documents or any other material that
may be offered as evidence in an official proceeding. [§ 13A-10-120(b)(2)]
THEFT
A person commits the crime of theft of property if he or she:
(1) Knowingly obtains or exerts unauthorized control over the property of another,
with intent to deprive the owner of his or her property;
(2) Knowingly obtains by deception control over the property of another, with
intent to deprive the owner of his or her property;
(3) Knowingly obtains or exerts control over property in the custody of a law
enforcement agency which was explicitly represented to the person by an agent of the
law enforcement agency as being stolen; or
(4) Knowingly obtains or exerts unauthorized control over any donated item left
on the property of a charitable organization or in a drop box or trailer, or within 30 feet of
a drop box or trailer, belonging to a charitable organization. [13A-8-2(a)]
THREAT
CREDIBLE THREAT. A threat is any word or action, expressed or implied, made with
the intent to cause a person who is the target of the threat to fear for his/her safety or for
the safety of a family member and to cause reasonable mental anxiety, anguish or fear.
[13A-6-92(b)]
THREAT. A menace, however communicated, to:
a. Cause physical harm to the person threatened or to any other person; or
b. Cause damage to property; or
c. Subject the person threatened or any other person to physical confinement or
restraint; or
d. Engage in other conduct constituting a crime; or
e. Accuse any person of a crime or cause criminal charges to be instituted against
any person; or
f. Expose a secret or publicize an asserted fact, whether true or false, tending to
subject any person to hatred, contempt, or ridicule; or
g. Reveal any information sought to be concealed by the person threatened; or
h. Testify or provide information or withhold testimony or information with respect
to another's legal claim or defense; or
i. Take action as an official against anyone or anything, or withhold official action,
or cause such action or withholding; or
j. Bring about or continue a strike, boycott, or other similar collective action to
obtain property which is not demanded or received for the benefit of the group
which the actor purports to represent; or
k. Do any other act which would not in itself substantially benefit the actor but
which is calculated to harm substantially another person with respect to his or
her health, safety, business, calling, career, financial condition, reputation, or
personal relationships. [§ 13A-8-1(14)]
THREATEN
A person threatens another if all of the following occur:
a. The person intentionally and knowingly makes a statement verbally, in writing,
by means of an electronic communication device, or by any other means to
harm a person or property.
b. The statement is communicated to another person.
c. Under the circumstances, the threatened harm is credible and imminent.
d. The statement, on its face and under the circumstances in which it is made, is
so unequivocal, immediate, and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect of execution of
the threat.
e. The statement causes the person to reasonably be in sustained fear for his or
her own safety or for the object of the threat. [13A-15-(b)(2)]
“Threat,” as used in this section, means any threat proscribed by Section 13A-6-25 on
criminal coercion. [§ 13A-10-123(b)]
“Threat,” as used in this section, means any threat proscribed by Section 13A-6-25 on
criminal coercion. [§ 13A-10-127]
Note: “Threat” is not specifically defined in § 13A-6-25 on criminal coercion:
§ 13A-6-25. Criminal coercion. (a) A person commits the crime of criminal coercion
if, without legal authority, he threatens to confine, restrain or to cause physical
injury to the threatened person or another, or to damage the property or reputation
of the threatened person or another with intent thereby to induce the threatened
person or an other against his will to do an unlawful act or refrain from doing a
lawful act.
TO ACT
Either to perform an act or to omit to perform an act. [§ 13A-2-1(5)]
TORTURE
The word “torture” as used in this article shall mean the act of doing physical injury to
a dog or cat by the infliction of inhumane treatment or gross physical abuse meant to
cause said animal intensive or prolonged pain or serious physical injury, or thereby
causing death due to said act. [§ 13A-11-240(a)]
TRADEMARK
Any word, name, symbol, or device adopted and used by any person or business
entity to identify his goods or services, and to distinguish them from the goods or services
of others. [§ 13A-8-10.4(a)(5)]
TRADE SECRET
The whole or any part of any scientific or technical information, design, process,
procedure, formula, or improvement that has value and that the owner has taken
measures to prevent from becoming available to persons other than those selected by
the owner to have access for limited purposes. [§ 13A-8-10.4(a)(3)]
TRAFFIC SIGN
As used in this article, the term “traffic sign” shall mean any traffic sign, traffic signal,
warning sign, guideboard, milepost, road marker, emergency telephone sign, or any
similar sign, signal, or device used by the state or any political subdivision of the state on
the highways, roads, bridges, or streets of this state for the warning, instruction, or
information of the public. [§ 13A-8-70]
TRAFFICKING VICTIM
Any person, including minors, subjected to labor servitude, sexual servitude, or
involuntary servitude. [§ 13A-6-151(8)]
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with public passenger
transportation, whether by air, railroad, motor vehicle or any other method. It includes
aircraft, water craft, railroad cars, buses and air, boat, railroad and bus terminals and
stations and all appurtenances thereto. [§ 13A-11-1(3)]
TYPE OF METAL PROPERTY
For purposes of this subdivision, the term “type of metal proper ty” shall include a
general physical description, such as wire, tubing, extrusions, or casting. [§ 13A -8-
31(a)(4)]
TYPE OF VEHICLE
For purposes of this subdivision, the term “type of vehicle” shall mean an automobile,
pickup truck, van, or truck. [§ 13A-8-31(a)(9)]
-U-
UNDER SENTENCE OF IMPRISONMENT
As used in Section 13A-5-49(1), the term means while serving a term of imprisonment,
while under a suspended sentence, while on probation or parole, or while on work release,
furlough, escape, or any other type of release or freedom while or after serving a term of
imprisonment, other than unconditional release and freedom after expiration of the term
of sentence. [§ 13A-5-39(7)]
UNDUE INFLUENCE
Domination, coercion, manipulation, or any other act exercised by another person to
the extent that an elderly person is prevented from exercising free judgment and choice.
[§ 13A-6-191(9)]
UNLAWFUL TELECOMMUNICATION DEVICE
Any electronic serial number, mobile identification number, personal ide ntification
number, or any telecommunication device that is capable, or has been altered, modified,
programmed, or reprogrammed alone or in conjunction with another access device or
other equipment so as to be capable of acquiring or facilitating the acqui sition of a
telecommunication service without the consent of the telecommunication service
provider. The term includes, but is not limited to, telecommunication devices altered to
obtain service without the consent of the telecommunication service provider , tumbler
phones, counterfeit or illegally cloned microchips, scanning receivers of wireless
telecommunication service of a telecommunication service provider, and other
instruments capable of disguising their identity or location or of gaining access to a
communication system operated by a telecommunication service provider. Excluded from
being classified as unlawful is a common piece of telephone installation and maintenance
equipment known as a dial set or butt-in-ski. [§ 13A-8-150(6)
UNLAWFUL
Not specifically authorized by law. [§ 13A-12-20(12)]
UTILITY
An enterprise which provides gas, electric, steam, water, sewage, transportation or
communication services, cable and broadband services, and any institution that provides
health and safety protection or other public services; it may be either publicly or privately
owned. [§ 13A-7-24(3)]
Any public or private utility authorized to provide electricity, natural gas, or water or
any combination thereof for sale to consumers in any particular service area. [§ 13A -8-
23(a)(4)]
UTILITY SERVICES
The products, commodities, and services provided by a utility to its customers.
[§ 13A-8-23(a)(5)]
UTILITY WORKER
Any person who is employed by an entity that owns, operates, leases, or controls
any plant, property, or facility for the generation, transmission, manufacture, production,
supply, distribution, sale, storage, conveyance, delivery, or furnishing to or for the public
of electricity, natural or manufactured gas, water, steam, se wage, or telephone service,
including two or more utilities rendering joint service. [§ 13A-6-21(c)]
UTTER
To “utter” means to directly or indirectly offer, assert, declare or put forth a forged
instrument as genuine. [§ 13A-9-1(12)]
-V-
VALUE
The market value of the property at the time and place of the criminal act.
Whether or not they have been issued or delivered, certain written instruments, not
including those having a readily ascertainable market value such as some public and
corporate bonds and securities shall be evaluated as follows:
a. The value of an instrument constituting an evidence of debt, such as a check,
draft, or promissory note, shall be deemed the amount due or collectible
thereon or thereby, that figure ordinarily bein g the face amount of the
indebtedness less any portion thereof which has been satisfied.
b. The value of any other instrument that creates, releases, discharges, or
otherwise affects any valuable legal right, privilege, or obligation shall be
deemed the greatest amount of economic loss which the owner of the
instrument might reasonably suffer by virtue of the loss of the instrument.
When the value of property cannot be ascertained pursuant to the standards set forth
above, its value shall be deemed to be an amount not exceeding five hundred dollars
($500).
Amounts involved in thefts committed pursuant to one scheme or course of conduct,
whether from the same person or several persons, may be aggregated in determining the
grade of the offense; provided, that only one conviction may be had and only one
sentence enforced for all thefts included in such aggregate. [§ 13A-8-1(15)]
VEHICLE
Any “propelled vehicle,” as defined in subdivision (9) of Section 13A -8-1. The term
includes any propelled device by which any person or property is transported on land,
water, or in the air, and includes motor vehicles, motorcycles, motorboats, and aircraft,
and any vessel, whether propelled by machinery or not. [§ 13A-1-2(15)]
A motorized conveyance which is designed to transport people or property. [§ 13A -
3-20(7)]
“Vehicle” means any propelled device in, upon or by which any person or property is
transported on land, water or in the air, including stationary rails or tracks, and includes
motor vehicles, motorboats, vessels and aircraft. [§ 13A-8-22(c)]
Note: See also § 32-1-1.1(81) VEHICLE. Every device in, upon, or by which any
person or property is or may be transported or drawn upon a highway, excepting
devices moved by human power or used exclusively upon stationary rails or tracks
or electric personal assistive mobility devices; provided, that for the purposes of
this title, a bicycle or a ridden animal shall be deemed a vehicle, except those
provisions of this title, which by their very nature can have no application.
VERIFIABLE DOCUMENTATION
Written evidence of ownership which may be verified, including, but not limited to,
receipts, bills of sale, titles, certificates of title, purchase agreements, shipping manifests,
work orders, etc. [§ 13A-8-30(10)]
VICTIM
A person whose identification documents or identifying information are us ed to
perpetrate a crime created by this article. [§ 13A-8-191(3)]
VIOLATION
An offense for which a sentence to a term of imprisonment not in excess of 30 days
may be imposed. [§ 13A-1-2(16)]
The knowing commission of any act prohibited by a domestic violence order or any
willful failure to abide by its terms. [§ 13A-6-141(2)]
VIRUS
Means an unwanted computer program or other set of instructions inserted into a
computer's memory, operating system, or program that is specifically constructed with
the ability to replicate itself or to affect the other programs or files in the computer by
attaching a copy of the unwanted program or other set of instructions to one or more
computer programs or files. [§ 13A-8-111(23)]
VISUAL DEPICTION
A portrayal, representation, illustration, image, likeness, or other thing that creates a
sensory impression, whether an original, duplicate, or reproduction. [§ 13A-12-190(15)]
VOLUNTARY ACT
An act performed consciously as a result of effort or determination, and such term
includes the possession of property if the actor was aware of his physical possession or
control thereof for a sufficient time to have been able to terminate it. [§ 13A-2-1(2)]
VOLUNTARY INTOXICATION
“Voluntary intoxication” means intoxication caused by substances that the actor
knowingly introduced into his body, the tendency of which to cause intoxication he knows
or ought to know, unless he introduces them under circums tances that would afford a
defense to a charge of crime. [§ 13A-3-2(e)(2)]
-W-
WEAPONS OF MASS DESTRUCTION
Weapons of mass destruction are any of the following:
a. A destructive device as defined in 18 U.S.C. § 921;
b. A weapon that is designed or intended to cause death or serious bodily injury
through the release, dissemination, or impact of toxic or poisonous chemicals;
c. A weapon involving a biological agent, toxin, or vector, as those terms are
defined in 18 U.S.C. § 178;
d. A weapon that is designed to release radiation or radioactivity at a level
dangerous to human life. [13A-10-15(b)(3)]
Weapons of mass destruction include any of the following:
a. Any destructive device as defined in this section.
b. Any weapon that is designed or intended to cause death or serious bodily injury
through the release, dissemination, or impact of toxic or poisonous chemicals,
or their precursors.
c. Any weapon involving a disease organism.
d. Any weapon that is designed to release radiation or radioactivity at a level
dangerous to human life.
e. Any device, weapon, or vehicle designed to cause mass casualties. [§ 13A -
10-190(18)]
WEB PAGE
A location that has a single uniform resource locator or other single location with
respect to the Internet. [§ 13A-8-111(24)]
WHOLESALER
A person who distributes material for the purpose of resale or commercial distribution
at retail. [§ 13A-12-200.1(24)]
WILLFUL
A willful act is one done intentionally, knowingly, and purposely, without justifiable
excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, or
inadvertently. Padgett v. State, 36 Ala. App. 355, 56 So. 2d 116 (1952)
WITHIN THIS STATE
Within the exterior limits of the State of Alabama. [§ 13A-12-3.1(17)]
WITHOUT CONSENT
To intentionally or knowingly restrict a person's movements unlawfully and without
consent, so as to interfere substantially with his liberty by moving him fr om one place to
another, or by confining him either in the place where the restriction commences or in a
place to which he has been moved. Restraint is “without consent” if it is accomplished by:
a. Physical force, intimidation or deception, or
b. Any means, including acquiescence of the victim, if he is a child less than 16
years old or an incompetent person and the parent, guardian or other person
or institution having lawful control or custody of him has not acquiesced in the
movement or confinement. [§ 13A-6-40(1)]
WRITTEN INSTRUMENT
Such term means:
a. Any paper, document or other instrument containing written or printed matter or
its equivalent; and
b. Any token, stamp, seal, badge, trademark or other evidence or symbol of value,
right, privilege or identification,
which is capable of being used to the advantage or disadvantage of some person.
[§ 13A-9-1(1)]
-Y-
YOUTHFUL OFFENDER SEX OFFENDER
An individual adjudicated as a youthful offender for a sex offense who has not attained
the age of 21 at the time of the offense. [§ 15-20A-4(31)]
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
d9ef1df4e7c62db8635b59dcfd2f4f11b29c177be60694793e33ab5d2aceb7ae
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.