Title 13A — Title 13A

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1852, §73; Code 1867, §3614; Code 1876, §4443; Code 1886, §4045; Code 1896, §5542; Code 1907, §7814; Acts 1923, No. 417, p. 559; Code 1923, §5539; Code 1940, T. 14, §420; Acts 1951, No. 433, p. 783, §1; Acts 1953, N…

The following definitions are applicable in Sections 13A-12-111 through 13A-12- 113: (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 prostitut…

(a) A person commits the crime of promoting prostitution in the first degree if he knowingly: (1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or (2) Advances or profits from pro…

(a) A person commits the crime of promoting prostitution in the second degree if he knowingly: (1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business…

(a) A person commits the crime of promoting prostitution in the third degree if he knowingly advances or profits from prostitution. (b) Promoting prostitution in the third degree is a Class A misdemeanor. History: (Acts 1977, No. 607, p. 812, §6223.)

For the purpose of this division, the term prostitution shall mean the commission by a person of any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of value. History: (Act 2001-700, p. 1493, §1; Act 2019-465, §1.)

(a) No person shall commit an act of prostitution as defined in Section 13A-12-120. (b) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or …

(a) No person shall commit an act of prostitution, as defined in Section 13A-12-120, with a minor. (b) No person shall solicit, compel, or coerce any minor to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual cont…

(a) Each violation of Section 13A-12-121 is a Class A misdemeanor. (b) A violation of Section 13A-12-121.1 is a Class B felony. History: (Act 2001-700, p. 1493, §3; Act 2018-506, §6.)

A sexually exploited child, as defined in Section 12-15-701, who is alleged to have committed a violation of Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts, shall be treated pursuant to Section 13A-6-181. History: (Act 2016-282, §2.)

(a) As used in this section, the term minor victim means a person who committed, or was solicited to commit, an act of prostitution while the person was a minor. (b) Evidence of any of the following facts or conditions does not constitute a defense in a prosecution under Section …

In addition to all other fines and penalties prescribed by law, a person convicted of violating Section 13A-6-152, Section 13A-6-153, Section 13A-12-111, Section 13A- 12-112, Section 13A-12-121, or Section 13A-12-121.1 shall pay a fine of five hundred dollars ($500) which shall b…

(a) A person commits the crime of public lewdness if: (1) He exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or (2) He does any lewd act in a public place which he knows is likely to b…

It shall be unlawful for any person to display in public any bumper sticker, sign or writing which depicts obscene language descriptive of sexual or excretory activities. Any person convicted of a violation of this section shall be guilty of a Class C misdemeanor and shall be pun…

For the purposes of this division, the following terms have the following meanings: (1) BREAST NUDITY. The lewd showing of the post-pubertal human female breasts below a point immediately above the top of the areola. (2) CHILD SEXUAL ABUSE MATERIAL. Any visual depiction of an ind…

(a) Any person who shall knowingly disseminate or display publicly any child sexual abuse material shall be guilty of a Class B felony. (b) Any person who shall knowingly advertise, promote, present, distribute, or solicit by any means, including by computer, any material or purp…

Abuse Material. (a) Any person who knowingly possesses with intent to disseminate any child sexual abuse material shall be guilty of a Class B felony. Any transfer of child sexual abuse material from any electronic device to any other device, program, application, or any other pl…

Age. (a) In proving that an individual in a visual depiction who is engaged in any sexually explicit conduct is under 18 years of age, the state is not required to introduce into evidence a birth certificate, produce testimony as to the date of birth of the individual, or produce…

The state shall not be required to establish the actual existence or identity, either in the indictment or in any subsequent proceeding, of the individual alleged to be under 18 years of age who is engaged in any act of sexually explicit conduct. History: (Acts 1978, No. 592, p. …

Appeal May Be Considered in Determining Whether Matter Appeals to Prurient Interest, Etc. REPEALED BY ACT 2024-98, EFFECTIVE OCTOBER 1, 2024. History: (Acts 1978, No. 592, p. 705, §6; Code 1975, §13-7-235; Acts 1984, No. 84-285, p. 492, §6.)

Child Sexual Abuse Material Guilty of Class a Felony. Any responsible person, as defined in Section 26-15-2, who knowingly permits or allows his or her child, ward, or dependent under 18 years of age to engage in the production of any child sexual abuse material containing a visu…

Any person who knowingly films, prints, records, photographs, or otherwise produces any child sexual abuse material shall be guilty of a Class A felony. History: (Acts 1978, No. 592, p. 705, §8; Code 1975, §13-7-237; Acts 1984, No. 84-285, p. 492, §8; Act 2006-112, p. 166, §§1, 2…

Engines, Cloud Service Providers, Etc. (a) For the purposes of this division, each depiction of child sexual abuse material that violates any section constitutes a separate offense. (b) No Internet service provider, search engine, cloud service provider, or affiliate or subsidiar…

Transportation, Dissemination, Etc., of Child Sexual Abuse Material. Any article, equipment, machine, materials, matter, vehicle, or other thing used in the commercial production, transportation, dissemination, display, or storage of any child sexual abuse material shall be contr…

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1867, §3615; Code 1876, §4444; Code 1886, §4046; Code 1896, §5543; Code 1907, §7819; Code 1923, §5541; Code 1940, T. 14, §422; Code 1975, §13-6-2.)

The following definitions apply to this article: (1) 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 cre…

As used in this division, the following terms shall have the meanings respectively ascribed to them by this section: (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 ag…

Employees. The criminal provisions of this division shall not apply to bona fide public libraries, or public school or college or university libraries, or their employees or agents acting on behalf of the legitimate educational purposes of such public libraries, or public school …

Disposition of Fines. It shall be unlawful for any business establishment or any private club to show or allow to be shown for entertainment purposes the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female br…

Revocation of License. (a) Any business establishment that operates as an “adult bookstore,” “adult movie house,” “adult video store,” or other form of adult-only entertainment enterprise shall obtain in addition to any licenses required by existing law a special operating licens…

Obscene Material Prohibited; Penalties; Distribution of Fines. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for th…

It shall be unlawful for any person to knowingly procure or write advertisement for obscene material or disseminate publicly any obscene material. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not mor…

It shall be an affirmative defense to a charge of violating Sections 13A-12-200.2 and 13A-12-200.3 that the act charged was done for a bona fide medical, scientific, educational, legislative, judicial, or law enforcement purpose. History: (Acts 1989, No. 89-402, p. 791, §6.)

Distribute, Display for Sale, Etc., Prohibited; Penalty; Affirmative Defenses; Operation of Adult-Only Enterprise Near Place Frequented by Minors; Exceptions; Disposition of Fines. (1) It shall be unlawful for any person to knowingly or recklessly distribute to a minor, possess w…

The Governor of this state may demand from the governor of any other state the extradition of any person found in such other state who is charged with any violation of any of the provisions of this division. History: (Acts 1989, No. 89-402, p. 791, §8.)

Other Matters. (1) When there is reason to believe that any person is violating or is about to violate any of the provisions of this division, the Attorney General or district attorney may initiate a civil action in the circuit court in the name of the State of Alabama against su…

Hearing; Forfeiture Action; Action for Money Judgment. (a) The following property is subject to forfeiture: (1) All obscene material and material which is harmful to minors used, intended to be used or obtained in violation of the provisions of this division; (2) All moneys, nego…

The provisions of this division shall not be deemed to repeal, amend, affect, or limit the Alabama Red Light Abatement Act or the provisions of the Code of Alabama pertaining to obscene materials displaying or depicting children, as contained in Sections 13A-12-190 through 13A-12…

This division shall be entitled “The Drug Predator Control Act of 1987.” History: (Acts 1987, No. 87-612, p. 1061, §1; Code 1975, §20-2-160; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(6).)

(a) A person is guilty of criminal solicitation to commit a controlled substance crime if he engages in the conduct defined as criminal solicitation in Section 13A-4-1(a), and the crime solicited is a controlled substance crime. (b) The principles of liability and defenses for cr…

(a) A person is guilty of an attempt to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-2(a), and the crime attempted is a controlled substance crime. (b) The principles of liability and defenses for an attempt to commit a controlled subs…

(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime. (b) The principles of liability and defenses for criminal conspiracy …

Attempt, criminal solicitation, and criminal conspiracy to commit a controlled substance crime are offenses included in any controlled substance crime that is charged, and a defendant charged with any controlled substance crime may be convicted of attempt, solicitation, or conspi…

(a) A person commits the crime of simple gambling if he knowingly advances or profits from unlawful gambling activity as a player. (b) It is a defense to a prosecution under this section that a person charged with being a player was engaged in a social game in a private place. Th…

This division shall be entitled “The Drug Crimes Amendments Act of 1987.” History: (Acts 1987, No. 87-603, p. 1047, §1; 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(11).)

to Distribute a Controlled Substance. (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. …

(a) A person commits the crime of unlawful possession of controlled substance if: (1) Except as otherwise authorized, he or she possesses a controlled substance enumerated in Schedules I through V. (2) He or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the…

(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized: (1) He or she possesses marihuana for other than personal use; or (2) He or she possesses marihuana for his or her personal use only after having been previo…

(a) A person commits the crime of unlawful possession of marihuana in the second degree if, except as otherwise authorized, he possesses marihuana for his personal use only. (b) Unlawful possession of marihuana in the second degree is a Class A misdemeanor. History: (Acts 1987, N…

(a) The possession of salvia divinorum or salvinorum A, including all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, m…