0 chapters · 859 sections in this title.
Ala. Code § 13A-8-38 Construction
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This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied. History: (Act 2007-451, p. 930,…
Ala. Code § 13A-8-39 Application
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This article shall apply to all businesses regulated under this article without regard to the location within the State of Alabama and shall take precedence over any and all local ordinances governing purchase transactions of metal property by a secondary metals recycler. History…
Ala. Code § 13A-8-4 Theft of Property in the Second Degree
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(a) The theft of property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, constitutes theft of property in the second degree. (b) Theft of property in the secon…
Ala. Code § 13A-8-4.1 Theft of Property in the Third Degree
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(a) The theft of property that exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value, and which is not taken from the person of another, constitutes theft of property in the third degree. (b) Theft of …
Ala. Code § 13A-8-40 Definitions
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(a) The definitions contained in Section 13A-8-1 are applicable to this article unless the context otherwise requires. (b) “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 …
Ala. Code § 13A-8-41 Robbery in the First Degree
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(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: (1) Is armed with a deadly weapon or dangerous instrument; or (2) Causes serious physical injury to another. (b) Possession then and there of an article used or fashioned in a ma…
Ala. Code § 13A-8-42 Robbery in the Second Degree
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(a) A person commits the crime of robbery in the second degree if he violates Section 13A-8-43 and he is aided by another person actually present. (b) Robbery in the second degree is a Class B felony. History: (Acts 1977, No. 607, p. 812, §3306.)
Ala. Code § 13A-8-43 Robbery in the Third Degree
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(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he: (1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or (2) Threatens the immi…
Ala. Code § 13A-8-44 Claim of Right Not Defense in Robbery Prosecution
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No person may submit in defense against a prosecution for robbery in any of its degrees that there was no theft because the taking was under a claim of right. Claim of right is not a defense under this article. History: (Acts 1977, No. 607, p. 812, §3310.)
Ala. Code § 13A-8-5 Theft of Property in the Fourth Degree
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(a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the fourth degree. (b) Theft of property in the fourth degree is a Class A misdemeanor. History: (Acts 1977, No.…
Ala. Code § 13A-8-5.1 Mail Theft
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(a) As used in this section, the following terms have the following meanings: (1) MAIL. A letter, postcard, package, bag, or other sealed article to which either of the following apply: a. Is delivered by the United States Postal Service, a common carrier, or a delivery service a…
Ala. Code § 13A-8-50 Short Title
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This article shall be known and cited as “The Pharmacy Robbery Act of 1982.” History: (Acts 1982, No. 82-434, §1.)
Ala. Code § 13A-8-51 Definitions
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When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PHARMACY. Any building, warehouse, physician’s office, hospital, pharmaceutical house or other structure used in whole o…
Ala. Code § 13A-8-52 Penalty for Violation of Article
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(a) Upon conviction of the criminal offense of “pharmacy robbery” as defined in Section 13A-8-51(2), the offender shall be imprisoned at hard labor for not less than 10 years nor more than 99 years and shall be ineligible for consideration for parole, probation or suspension of s…
Ala. Code § 13A-8-6 Theft of Lost Property - Definition
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A person commits the crime of theft of lost property if he actively obtains or exerts control over the property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or the amount …
Ala. Code § 13A-8-60 Defined
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The term “shopping cart,” when used in this article, shall mean those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incid…
Ala. Code § 13A-8-61 Removal from Premises Without Consent of Owner; “Premises”
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Defined. It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in Section 13A-8-63, of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his agent, servant or employee. For the …
Ala. Code § 13A-8-62 Abandonment on Public Streets, Sidewalks, Parking Lots, Etc
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It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way or parking lot, other than a parking lot on the premises of the owner. History: (Acts 1973, No. 1240, p. 2087, §3; Code 1975, §13-3-132.)
Ala. Code § 13A-8-63 Posting of Article in Stores
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The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store, and at each exit therefrom, a printed copy of this article, which copy shall be printed in type no smaller than 12 points. History: (Acts 1973, No. 1240, p. 2087,…
Ala. Code § 13A-8-64 Penalty for Violation of Article
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Any person convicted of a violation under this article shall be deemed guilty of a Class C misdemeanor and shall be punished as prescribed by law under Sections 13A-5-7 and 13A-5-12. History: (Acts 1973, No. 1240, p. 2087, §4; Code 1975, §13-3-134.)
Ala. Code § 13A-8-7 Theft of Lost Property in the First Degree
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(a) The theft of lost property which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the first degree. (b) Theft of lost property in the first degree is a Class B felony. History: (Acts 1977, No. 607, p. 812, §3206; Act 2003-355, …
Ala. Code § 13A-8-70 “Traffic Sign” Defined
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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 highw…
Ala. Code § 13A-8-71 Possession of Traffic Sign; Notification; Destruction, Defacement, Etc.,
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of Traffic Sign or Traffic Control Device; Defacement of Public Building or Property. (a) No person may unlawfully possess any traffic sign erected by the state, a county, or a municipality. (b) Any person who voluntarily notifies a law enforcement agency of the presence on their…
Ala. Code § 13A-8-72 Penalties
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(a) A person who is convicted of violating subsection (a) of Section 13A-8-71 shall be fined not more than fifty dollars ($50). (b) A person who is convicted of intentionally destroying, knocking down, removing, defacing, or altering a traffic sign pursuant to subsection (c) of S…
Ala. Code § 13A-8-73 Fines to Be Deposited in General Fund
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Any fines collected pursuant to this article shall be deposited in the general fund of the county and distributed as follows: one-half shall be designated for law enforcement purposes and one-half shall be designated to the county road and bridge fund. History: (Acts 1993, 1st Ex…
Ala. Code § 13A-8-75 Consigned Motor Fuels Defined
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As used in this article, the term consigned motor fuels means all grades of gasoline including gasohol or any gasoline blend, number 1 diesel, number 2 diesel, kerosene, and all aviation fuels delivered to a merchant by another for the purpose of sale and the merchant deals in go…
Ala. Code § 13A-8-76 Written Consignment Agreement
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(a) There shall be a written agreement between the person delivering or having the consigned motor fuels delivered for sale, hereinafter designated the consignor, and the merchant, hereinafter designated as the consignee, reflecting not only the consignment agreement between the …
Ala. Code § 13A-8-77 Taking of Consigned Motor Fuels Without Consent of Owner
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It shall be unlawful for any person to take, use, sell, or dispose of consigned motor fuels or the proceeds from the sale of consigned motor fuels without the consent of the owner and in violation of the written agreement required in Section 13A-8-76. History: (Act 2015-439, §1.)…
Ala. Code § 13A-8-78 Penalties
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A person who violates this article shall be guilty of the crime of theft of property and subject to those penalties provided in Section 13A-8-3, 13A-8-4, or 13A-8-5, based on value of the property taken. History: (Act 2015-439, §1.)
Ala. Code § 13A-8-8 Theft of Lost Property in the Second Degree
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(a) The theft of lost property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the second degree. (b) Theft of lost property in the second degree is a Class C felony. History…
Ala. Code § 13A-8-8.1 Theft of Lost Property in the Third Degree
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(a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of lost property in the third degree. (b) Theft of lost property in the third degree is a Cl…
Ala. Code § 13A-8-80 “Owner” Defined
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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 origina…
Ala. Code § 13A-8-81 Transfer, Manufacture, Distribution, Etc., of Certain Sounds Without
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Consent Prohibited; Applicability; Penalties; Recording Rights; Evidence of Performer’s Consent. (a) It shall be a felony for any person to: (1) Knowingly transfer or cause to be transferred, directly or indirectly, by any means, any sounds recorded on a phonograph record, disc, …
Ala. Code § 13A-8-82 Possession, Sale, Rental, Etc., of Recorded Device in Violation of
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Article Prohibited; Penalties. (1) It shall be unlawful for any person to knowingly sell, rent, cause to be sold or rented, or possess for the purpose of selling or renting any recorded device that has been produced, manufactured, distributed or acquired in violation of any provi…
Ala. Code § 13A-8-83 Manufacturer’s Name Required on Package
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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…
Ala. Code § 13A-8-84 Confiscation of Nonconforming Recordings, Equipment and
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Components. It shall be the duty of any state, county or local law enforcement officer to confiscate all recorded material that does not conform to the provisions of this article and all equipment and components used or intended to be used in the manufacture of the infringing rec…
Ala. Code § 13A-8-85 Damages in Civil Action
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(a) Any owner of recorded material whose material has allegedly been illegally reproduced as provided herein shall have a cause of action in the circuit courts of this state for all damages resultant therefrom, including actual, compensatory and incidental damages, as well as pun…
Ala. Code § 13A-8-86 Penalties for Manufacture, Sale, Rental, Possession for Sale or Rental,
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Etc., in Contravention of Article; Forfeiture. (a) Each separate manufacture, distribution, sale or transfer at wholesale of any unauthorized recording in contravention of the provisions of this article shall upon conviction constitute a separate offense punishable as follows: (1…
Ala. Code § 13A-8-9 Theft of Lost Property in the Fourth Degree
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(a) The theft of lost property which does not exceed five hundred dollars ($500) in value constitutes theft of lost property in the fourth degree. (b) Theft of lost property in the fourth degree is a Class A misdemeanor. History: (Acts 1977, No. 607, p. 812, §3208; Acts 1978, No.…
Ala. Code § 13A-8-90 Violations; Penalties
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(a) For purposes of this section, the following words have the following meanings: (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. (2) AUDIOVISUAL RECORDING FUNCTION. …